Attachment Petition T/C Pllatel

This document pretains to ITC-T/C-20160609-00168 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2016060900168_1138575

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



In the Matter of                                     )
                                                     )
Pllatel Communications LLC                           )
                                                     )
And                                                  ) File No.: ITC-214-20150826-00217
Company Member Journey Garcia                        )
(“Transferor”)                                       )
                                                     )
And                                                  )
New Member Martz Holdings, LLC.                      )
(Transferee)                                         )
                                                     )
Application for Authority Pursuant                   )
to Section 214 of the                                )
Communications Act of 1934,                          )
as amended, to Transfer Control of                   )
international facilities-based and resale            )
Authority of common carrier                          )
____________________________________________________ )




                         APPLICATION FOR TRANSFER OF CONTROL
                             OF INTERNATIONAL AUTHORITY OF
                              PLLATEL COMMUNICATIONS,                LLC.




                   By and through its Attorney:
                   Edward A. Maldonado, Esq.
                   The Law Offices of Edward A. Maldonado, P.A.
                   2850 Douglas Road, Suite 303, Coral Gables, FL 33134
                   Tel: 305-477-7580 Fax: 305-477-7504
                   E-mail: eam@maldonado-group.com www.maldonado-group.com




______________________________________________________________________________
                                                                         Page 1


                       TABLE OF APPLICATION CONTENTS

                                                                       Page
                                     PETITION

I.      INTRODUCTION                                                     4
II.     REQUEST FOR STREAMLINE PROCESSING                                5
III.    DESCRIPTION OF THE APPLICANT & TRANSACTION                       5

          a. Pllatel Communications LLC                                  6
          b. Journey Garcia                                              6
          c. Martz Holdings, LLC.                                        6

IV.     TRANSACTION AND TRANSFER IN THE PUBLIC INTEREST                  7
V.      47 C.F.R. § 63.12 INFORMATION                                    8
VI.     47 C.F.R. § 63.18 INFORMATION                                    9
VII.    CONCLUSION                                                       12
VIII.   VERIFCATION OF APPLICATION                                       14
IX.     CERTIFICATION OF APPLICANT – MARTZ HOLDINGS, LLC.                15
X.      CERTIFICATION OF APPLICANT – LICENSEE                            16




______________________________________________________________________________
                                                                         Page 2


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



In the Matter of                                     )
                                                     )
Pllatel Communications LLC                           )
                                                     )
And                                                  ) File No.: ITC-214-20150826-00217
Company Member Journey Garcia                        )
(“Transferor”)                                       )
                                                     )
And                                                  )
New Member Martz Holdings, LLC.                      )
(Transferee)                                         )
                                                     )
Application for Authority Pursuant                   )
to Section 214 of the                                )
Communications Act of 1934,                          )
as amended, to Transfer Control of                   )
international facilities-based and resale            )
Authority of common carrier                          )
____________________________________________________ )


                                           Application
Journey Garcia, (“GARCIA”), controlling Member of Pllatel Communications LLC
(“LICENSEE”) together with Martz Holdings, LLC. (“MARTZ HOLDINGS”) collectively
called the "Applicants" hereby request a transfer of control of the international authority of
Pllatel Communications LLC 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”) Rules1 in order to provide global or limited
international facilities-based and resale services between the United States and international
points, except those international point not authorized by the Commission as updated from time
to time on the Commission’s Exclusion List under a new ownership structure. In support of this
application, the Applicant state as follows:



1
    Specifically 47 C.F.R. Section 63.18
______________________________________________________________________________
                                                                         Page 3


   I.           INTRODUCTION: Summary of the Contemplated Transaction

Licensee Pllatel Communications LLC is a telecommunications company that provides
international telecommunications services pursuant to authority by the Commission under ITC-
214-20150826-00217.    Licensee provides both international telecommunications services and
international VoIP services to the public, other carriers, as well as consumers. Snap has operated
since 2015 and has sustained its upstart operations but now requires further capital to sustain
itself, continue offering its services to the public, and ensure that services to carriers and
consumers alike are uninterrupted in light of growth and debt commitments of the company. In
response, Martz Holdings, LLC, has agreed to lend the capital necessary to sustain and grow
Pllatel Communications under a transaction (“Transaction”) wherein Martz Holdings will lend
money collateralized by fifty percent (50%) of the Membership units of the Licensee, and hold
an option to convert the loan to an investment within a six to eight month period. Should Martz
Holdings execute its option it will vest with fifty percent (50%) equity stake hold in the
Licensee. The terms of the transaction call for the Licensee as well as Garcia to obtain all state
and federal approvals (or prior approval) necessary for Martz Holdings to execute its option -
should it so elect. The effect of executing the option to the licensee is that the loan and loan
interest would be forfeited and any amounts lent would be treated as equity investment. Should
Martz Holdings decide not to execute its option, the loan provided the Licensee would be paid
pursuant to an existing Promissory Note. The Transaction will be entirely seamless for
consumers of Pllatel Communications and carriers dealing with Pllatel Communications, as it
will not result in any change in the management of Pllatel Communications or discontinue or
impair Pllatel Communications services. On the contrary, the Transaction will only better
stabilize Pllatel Communications to continue offering its services.


Applicant GARCIA presently holds seventy percent (100%) interest in the Licensee and upon
election of the option will transfer fifty percent (50%) of his Membership Units to MARTZ
HOLDINGS, LLC upon consummation of the transaction, with Commission approval. GARCIA
thereafter would not have a controlling interest, in the Licensee. Transferor GARCIA is a U.S.
Citizen. Transferee MARTZ HOLDINGS is Florida limited liability solely controlled by a U.S.

______________________________________________________________________________
                                                                         Page 4


citizen, Mr. Rodney Martinez.                  Neither MARTZ HOLDINGS nor any companies under its
control are not affiliated with a foreign carrier in a destination market, or have an affiliation with
a dominant U.S. carrier whose international switched or private line services it seeks authority to
resell.


The Licensee subject to the requested change of control serves customers throughout the United
States, but primarily end users in the state of Florida.                            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 this
Application Request from the above Transferor to the above Transferee(s) of Pllatel
Communications ’ international Section 214 authority.

     II.       Request for Streamlined Processing as to MARTZ HOLDINGS

As related to MARTZ HOLDINGS the Applicant respectfully submit that this Application is eligible
for streamlined processing pursuant to the Commission's Rules, found at 47 C.F.R. § 63.12(a).
This Application is eligible for streamlined processing pursuant to Section 63.03(b)(2)(i) because,
immediately following the transactions: (1) No applicant or its affiliate(s), as defined in Section 3(1)
of the Communications Act (hereafter called “Affiliates") combined shall hold a ten percent (10%) or
more share of the interstate and/or interexchange market; and (2) the Applicant nor their Affiliates
are, or will be, dominant with respect to any service before or after the transaction.2

In support of this Application, Applicants provide the following information:

     III.      DESCRIPTION OF THE APPLICANTS




2
  This Application satisfies the criteria for streamlined processing pursuant to Section 63.12(a) of the Commission’s rules,
because none of the provisions of Section 63.12(c) of the Commission’s rules, that prevent streamlined treatment, apply to the
proposed Transaction. No Applicant is affiliated with a foreign carrier in a destination market, nor do any have an affiliation with
a dominant U.S. carrier whose international switched or private line services it seeks authority to resell. Pursuant to Section
63.12(a) of the Commission’s rules, the Commission should deem this Application granted on the 15th day after the date of the
public notice listing this Application as accepted for filing.



______________________________________________________________________________
                                                                         Page 5


             A.      Pllatel Communications LLC (“Licensee”)

             Pllatel Communications LLC is a Florida Limited Liability Company operating
      from the State of Florida and provides global facilities based and resold international
      telecommunications services to the public pursuant to 47 U.S.C § 214 et. al. under
      Commission Authority ITC-214-20150826-00217.



             B.     Journey Garcia ("Transferor")

             Journey Garcia (“GARCIA”) is natural person and resident of the State of Florida.
      GARCIA presently holds one hundred percent (100%) of Licensee’s outstanding equity
      and membership interest. GARCIA currently serves as President and Manager of the
      Licensee, and this management position will not change post-Transaction. GARCIA is a
      United States Citizen. GARCIA is not affiliated with any company holding a dominant
      position in any international telecommunications market.      Under the contemplated
      Transaction, GARCIA will transfer fifty percent (50%) Membership and equity interest
      in the Licensee from himself to MARTZ HOLDINGS in exchange for the conversion of a
      loan under a Promissory Note into investment into Pllatel Communications by MARTZ
      HOLDINGS.


             C.     Martz Holdings, LLC. (“Transferee”)


      Martz Holdings, LLC (“MARTZ HOLDINGS”) is a Florida Limited Liability Company
      operating from the State of Florida and an investment company for its sole Member, Mr.
      Rodney Martinez. Neither MARTZ HOLDINGS nor Mr. Martinez have previously been
      in the telecommunications industry. Mr. Rodney Martinez holds 100% of the equity
      interest in MARTZ HOLDINGS. Mr. Rodney Martinez is a United States Citizen.
      MARTZ HOLDINGS is not affiliated with any company holding a dominant position in
      any international telecommunications market.




______________________________________________________________________________
                                                                         Page 6


IV.     PUBLIC INTEREST CONSIDERATIONS:

        The Applicant believe that the added competition the Transaction contemplated and this

Transfer of Control will bring to the market will benefit the consumers of United States-

international telecommunications services, and specifically those in the State of Florida and in

territories where Pllatel Communications LLC presently provides services.              This includes

competitive pricing of services and increased availability of a variety of innovative service options.

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




______________________________________________________________________________
                                                                         Page 7


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

In the Matter of                                                   )
                                                                   )
Pllatel Communications LLC                                         )
                                                                   )
And                                                                )   File No.: ITC-214-20150826-00217
Company Member Journey Garcia                                      )
(“Transferor”)                                                     )
                                                                   )
And                                                                )
New Member Martz Holdings, LLC.                                    )
(Transferee)                                                       )
                                                                   )
Application for Authority Pursuant                                 )
to Section 214 of the                                              )
Communications Act of 1934,                                        )
as amended, to Transfer Control of                                 )
international facilities-based and resale                          )
Authority of common 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 the Applicant’ request for transfer of Control of Pllatel Communications ’ authorization:

In Response to Question 9 of the Application: The Applicants respectfully request streamline
processing pursuant to 47 CFR § 63.12 and certifies that:

1. They are not affiliated with a foreign carrier in a destination market it seeks authority to serve;

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

3. They do 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 any Applicant to this application or Pllatel Communications in
   writing that this Application is not eligible for streamlined processing.




______________________________________________________________________________
                                                                         Page 8


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

In the Matter of                                                 )
                                                                 )
Pllatel Communications LLC                                       )
                                                                 )
And                                                              )   File No.: ITC-214-20150826-00217
Company Member Journey Garcia                                    )
(“Transferor”)                                                   )
                                                                 )
And                                                              )
New Member Martz Holdings, LLC.                                  )
(Transferee)                                                     )
                                                                 )
Application for Authority Pursuant                               )
to Section 214 of the                                            )
Communications Act of 1934,                                      )
as amended, to Transfer Control of                               )
international facilities-based and resale                        )
Authority of common 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 Applicant‘s request for authorization:

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

                   Licensee:
                   Pllatel Communications LLC (a Florida company)           FRN: 0024849366
                   3621 SW 24th Street
                   Miami, FL 33145
                   Tel: (305) 788-4474
                   Attn: Mr. Journey Garcia


                   Transferor:
                   Mr. Journey Garcia ( a natural person)
                   3621 SW 24th Street
                   Miami, FL 33145
                   Tel: (305) 788-4474




______________________________________________________________________________
                                                                         Page 9


               Transferee(s):
               Martz Holdings, LLC. (a Florida company)                FRN: 0025466384
               12251 SW 81st Terrace
               Miami, FL 33183
               Attn: Mr. Rodney Garcia, Managing Member


   47 CFR § 63.18(b): Jurisdiction of Persons

           (1) Licensee: Pllatel Communications LLC is a limited liability company incorporated
               under the laws of the State of Florida.

           (2) Transferor: Journey Garcia is a natural person, United States Citizen and resident of the
               State of Florida.

           (3) Transferee Martz Holdings, LLC. is a limited liability company incorporated under the
               laws of the State of Florida.


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

       For Pllatel Communications LLC          With Copy to: Edward A. Maldonado, Esq.
       3621 SW 24th Street                     Maldonado Law
       Miami, FL 33145                         2850 Douglas Road. Suite 303
       Tel: (305) 788-4474                     Coral Gables, FL 33134
       Attn: Mr. Journey Garcia                Tel: 305-477-7580
                                               Fax: 305-477-7504
                                               E-mail: eam@maldonado-group.com
       For Martz Holdings, LLC.                For GARCIA, Pllatel Comm, and Martz Holdings
       12251 SW 81st Terrace
       Miami, FL 33183
       Attn: Mr. Rodney Garcia, Managing Member

       For Mr. Journey Garcia
       3621 SW 24th Street
       Miami, FL 33145
       Tel: (305) 788-4474


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

47 CFR § 63.18(d): Pllatel Communications LLC has previously received authority under Section
214 of the Act. Applicant GARCIA has been previously approved by the Commission as owner
of the Licensee.

47 CFR § 63.18(e):     Applicant by and through their interests in Pllatel Communications request
approval for global or limited facilities-based and resale services under Section 214 of the Act and
______________________________________________________________________________
                                                                        Page 10


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): Applicant by and through their interests in Pllatel Communications will use
previously authorized facilities to provide the services requested by the Application. Applicant
are excluded from environmental assessment pursuant to Section 1.1306 of the Commission's
Rules, specifically 47 C.F.R. § 1.1306.

CFR § 63.18(h): Following the completion of the transaction between the Applicant the
information regarding the 10% or greater direct or indirect owners of Pllatel Communications
LLC shall be as follows:
                Name:                             Mr. Journey Garcia
                Address:                          3621 SW 24th Street Miami, FL 33145
                Citizenship:                      U.S. Citizen
                Business:                         Telecommunications
                Ownership Percentage:             50%

                Name :                            Martz Holdings, LLC.
                Address:                          12251 SW 81st Terrace Miami, FL 33156
                Citizenship:                      U.S. (Florida company)
                Principal Business:               Investment and Management Company
                Ownership:                        50%

                The following persons have 10% or greater direct or indirect control and ownership
                of Martz Holdings, LLC:

                         Name :                              Rodney Martinez.
                         Address:                            12251 SW 81st Terrace Miami, FL 33156
                         Citizenship:                        U.S. Citizen
                         Principal Business:                 Medical Services and Investment Company
                         Ownership:                          100% of Martz Holdings

47 CFR § 63.18(i): The Applicant MARTZ HOLDINGS certifies that he is not affiliated with any
foreign facilities-based carriers or US dominant carriers.




______________________________________________________________________________
                                                                        Page 11


47 CFR § 63.18(j): The Applicant MARTZ HOLDINGS certifies that he does not seek to provide
international telecommunication services to any destination country for which any of the following are
true:
                1. Pllatel Communications LLC is a foreign carrier in that country; or
                2. Pllatel Communications LLC controls a foreign carrier in that country; or
                3. Any entity that owns more than twenty-five percent (25%) of Pllatel
                   Communications LLC, or that controls Pllatel Communications LLC, 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): The Applicants and Pllatel Communications LLC certify that they 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):      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 Applicants respectively request Streamline Processing of this Application
pursuant to Section 63.12 of the Commission's Rules under 47 C.F.R. § 63.12.



                                          CONCLUSION
In conclusion of the foregoing Application and Attachments, the Applicant, by and through Journey
Garcia, certify that all of the information in this application is accurate and correct. For these reasons,
respectfully requests that the Commission grant this application.


                        Respectfully submitted,

                        By: /s/ Journey Garcia /s/
                        Name Journey Garcia
                        Title: President and Managing Member of
                        Pllatel Communications LLC (a Florida company)


______________________________________________________________________________
                                                                        Page 12


By and through their attorney:
                                 /s/_ Edward A. Maldonado__/s/
                                 Edward A. Maldonado, Esq.
                                 MALDONADO LAW
                                 815 Ponce de Leon Blvd. suite 304 coral Gables, FL 33134
                                 Tel: 305-477-7580 Fax: 305-477-7504




______________________________________________________________________________
                                                                        Page 13


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



In the Matter of                                     )
                                                     )
Pllatel Communications LLC                           )
                                                     )
And                                                  ) File No.: ITC-214-20150826-00217
Company Member Journey Garcia                        )
(“Transferor”)                                       )
                                                     )
And                                                  )
New Member Martz Holdings, LLC.                      )
(Transferee)                                         )
                                                     )
Application for Authority Pursuant                   )
to Section 214 of the                                )
Communications Act of 1934,                          )
as amended, to Transfer Control of                   )
international facilities-based and resale            )
Authority of common carrier                          )
____________________________________________________ )

                                           Application
                                          VERIFICATION

I, Journey Garcia, state that I am the President and Managing Member of Pllatel
Communications LLC; that I am authorized to make this Verification on behalf of the Applicant;
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.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this April 6, 2016.


                       By: /s/ Journey Garcia /s/
                       Name Journey Garcia
                       Title: President and Managing Member of
                       Pllatel Communications LLC (a Florida company)




______________________________________________________________________________
                                                                        Page 14


               CERTIFICATION OF APPLICANT - MARTZ HOLDINGS, LLC.

Mr. Rodney Martinez, sole Member and Manager of Martz Holdings, LLC. hereby certifies, on
behalf of MARTZ HOLDINGS with respect to the foregoing application for Section 214 Authority to
provide international services that:

   1. It is not affiliated with any foreign carrier in any of the countries to which he proposes to provide
       service in the foregoing application.

   2. It will comply with the terms and conditions contained in Section 63.21, 63.22 and 63.23 of the
       Commission's Rules. 47 C.P.R. 63.21-.23

   3. It does not seek to provide international telecommunications service to any destination where: (1)
       he is a foreign caller in that country; (2) he controls a foreign carrier with market dominance in
       that country; (3) any entity that owns more than a 25% interest in or controls a foreign carrier in
       that country; or (4) two or more parties own, in the aggregate, more than 25% and are parties to,
       or the beneficiaries of, a contractual relationship that affects that provision or marketing of
       international basic telecommunications services in the United States as a result of this application.

   4. Martz Holdings, LLC states it has not agreed to accept special concessions directly or indirectly
       from any foreign carrier with respect to any U.S. international route where the foreign carrier
       possesses sufficient market power on the foreign end of the route to affect competition adversely
       in the U.S. market and will not enter into such agreements in the future

   5. Martz Holdings, LLC states that neither it nor its owner is subject to a denial of Federal benefits
       pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988.

   6. The contents of the Application are true and correct to the best of my knowledge, information,
       and belief.

                       Respectfully submitted,           This April 6, 2016


                       By:   /s/ Rodney Martinez /s/
                       Name: Mr. Rodney Martinez, Managing Member
                             Martz Holdings, LLC. (a Florida company)




______________________________________________________________________________
                                                                        Page 15


                         CERTIFICATION OF APPLICANT -LICENSEE


The undersigned hereby certifies, on behalf of Pllatel Communications LLC, Inc. with respect to the
foregoing application for Section 214 Authority to provide international services that:

   1. Pllatel Communications LLC is not affiliated with any foreign carrier in any of the countries to
       which Pllatel Communications LLC proposes to provide service in the foregoing application.

   2. Pllatel Communications LLC will comply with the terms and conditions contained in Section 63.21,
       63.22 and 63.23 of the Commission's Rules. 47 C.P.R. 63.21-.23

   3. Pllatel Communications LLC does not seek to provide international telecommunications service to
       any destination where: (1) Pllatel Communications LLC is a foreign caller in that country; (2) Pllatel
       Communications LLC controls a foreign carrier in that country; (3) any entity that owns more than a
       25% interest in Pllatel Communications LLC, or controls Pllatel Communications LLC, controls a
       foreign carrier in that country; or (4) two or more parties own, in the aggregate, more than 25% of
       Pllatel Communications LLC and are parties to, or the beneficiaries of, a contractual relationship that
       affects that provision or marketing of international basic telecommunications services in the United
       States.

   4. Pllatel Communications LLC has not agreed to accept special concessions directly or indirectly from
       any foreign carrier with respect to any U.S. international route where the foreign carrier possesses
       sufficient market power on the foreign end of the route to affect competition adversely in the U.S.
       market and will not enter into such agreements in the future

   5. Pllatel Communications LLC is not subject to a denial of Federal benefits pursuant to Section 5301
       of the Anti-Drug Abuse Act of 1988.

   6. The contents of the Application are true and correct to the best of my knowledge, information, and
       belief.

                        Respectfully submitted,           This April 6, 2016


                        By: /s/ Journey Garcia /s/
                        Name Journey Garcia
                        Title: President and Managing Member of
                        Pllatel Communications LLC (a Florida company)




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                                                                        Page 16



Document Created: 2016-06-09 16:06:17
Document Modified: 2016-06-09 16:06:17

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