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18, 2001

Logistical Services, Inc.
d/b/a Stones Gym
d/b/a Stones Family Fitness Center
3354 East FM 528 Road
Friendswood, Texas  77546
Attention:  Brian H. Walbrecher

     RE:  EB-01-TC-065  

Dear Mr. Walbrecher: 

     This is an official CITATION, issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the 
Act), for violations of the Act and the Federal Communications 
Commission's rules that govern telephone solicitation.1

     It has come to our attention that your company has delivered 
a prerecorded unsolicited advertisement to a residential 
telephone line. The Act and the Commission's rules prohibit 
transmission of unsolicited advertisements through prerecorded 
messages to residential telephone lines unless the individual who 
has been called has an established business relationship with the 
caller, or has expressly agreed to receive the message.2  The 
term ``unsolicited advertisement'' is defined in the 
Communications Act and the Commission's rules as ``any material 
advertising the commercial availability or quality of any 
property, goods, or services which is transmitted to any person 
without that person's prior express invitation or permission.''3  
The attached information provided to the Commission indicates 
that your company delivered such an unsolicited advertisement, 
through a prerecorded message, to a residential telephone 
subscriber who does not have an established business relationship 
with your company and had not expressly invited or authorized the 
call.  That action violates section 64.1200(a)(2) of the 
Commission's rules.

     Separately, it appears that your company may have violated 
other Commission rules governing prerecorded messages and 
telephone solicitations.  Under section 64.1200(e)(2)(iv), any 
telephone solicitation - whether live or prerecorded - must 
provide the called party with the name of the individual caller, 
the name of the person or entity on whose behalf the call is 
being made, and an address or telephone number (which may not be 
for an autodialer or prerecorded message player) at which the 
person or entity may be contacted.4  According to the attached 
information received by the Commission, it appears that your 
telephone solicitation did not contain all the required 

     Please be advised that subsequent violations of the 
Communications Act or of the Commission's rules of the type 
described herein may result in the imposition of monetary 
forfeitures not to exceed $11,000 for each such violation or each 
day of a continuing violation.5 

     Pursuant to section 503(b)(5) of the Communications Act, you 
may request a personal interview with a Commission agent located 
nearest to your place of business.  You may contact an agent in 
Houston at (713) 983-6103.  You must schedule an interview to 
take place within 21 days of the date of this citation.  
Alternatively, you may submit a written statement to the 
following address within 21 days of the date of this citation:

               Kurt A. Schroeder
               Deputy Chief
               Telecommunications Consumers Division
                Enforcement Bureau
               Federal Communications Commission
               445 - 12th Street, S.W.
               Washington, D.C.  20554 

If you choose to submit a written statement, your statement 
should specify what actions you have taken to correct the 
violation(s) outlined above.  You should also include a copy of 
your company's written do-not-call policy as required by section 
64.1200(e)(2)(i) of the Commission's rules.  Please reference EB-
01-TC-065 when corresponding with the Commission.
     Under the Privacy Act of 1974, 5 U.S.C.  552(a)(e)(3), we 
are informing you that the Commission's staff will use all 
relevant material information before it to determine what, if 
any, enforcement action is required to ensure your compliance 
with the Act and the Commission's rules.  This will include any 
information that you disclose in your interview or written 
statement.  Please be advised that if you choose not to respond 
to this citation and a Notice of Forfeiture is issued, your 
unresponsiveness will be considered in our assessment of a 
forfeiture amount.

     You should also be aware that the knowing and willful making 
of any false statement, or the concealment of any material fact, 
in reply to this citation is punishable by fine or imprisonment 
under 18 U.S.C.  1001.

     Thank you in advance for your anticipated cooperation.


                              Kurt A. Schroeder
                              Deputy Chief
                              Telecommunications Consumers 
                              Enforcement Bureau
                              Federal Communications Commission


1    47 U.S.C.  227; 47 C.F.R.  64.1200.
2    The Commission's rules make it unlawful to ``initiate any 
telephone call using an artificial or prerecorded voice to 
deliver a message without the prior express consent of the called 
party unless the call is initiated for emergency purposes or . . 
. is not made for a commercial purpose, is made for a commercial 
purpose but does not include the transmission of any unsolicited 
advertisement, [is made] to any person with whom the caller has 
an established business relationship at the time the call is 
made, or [is made by or on behalf of] a tax-exempt nonprofit 
organization.  47 C.F.R.  64.1200(a)(2), (c); see also 47 U.S.C. 
 227(b)(1)(B) (prohibiting all prerecorded calls to residential 
lines ``unless the call is initiated for emergency purposes or is 
exempted by rule or order by the Commission. . . .'').   

3    47 U.S.C.  227(a)(4); 47 C.F.R.  64.1200(f)(5).
4    47 C.F.R.  64.1200(e)(2)(iv).  In addition, the Act and the 
Commission's rules impose separate identification requirements 
for prerecorded messages.  Under section 227(d)(3)(A) of the Act, 
all prerecorded messages ``shall, at the beginning of the 
message, state clearly the identity of the business, individual, 
or other entity initiating the call, and . . . shall, during or 
after the message, state clearly the telephone number or address 
of such business, other entity, or individual.'' 47 U.S.C.  
227(d)(3)(A) (emphasis added); see also 47 C.F.R.  64.1200(d), 
(e)(2)(iv) (imposing identification requirements for prerecorded 
messages delivered by automatic telephone dialing systems). 

5    See 47 C.F.R.  1.80(b)(3).