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                FEDERAL COMMUNICATIONS COMMISSION
                     WASHINGTON, D.C. 20554
                                                        AUGUST 
14, 2002


BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED

website registrant: 
Florida Reservations
c/o Web Referral Services, Inc.
50 South Steele, Suite 260
Denver, Colorado 80209
Attention: Dale Finney

Florida Reservations
c/o Fax.com, Inc.
120 Columbia, Suite 500
Aliso Viejo, California 92656
Attention: Kevin Katz, President

      RE EB-02-TC-213

Dear Correspondent(s): 

     This is an official CITATION and LETTER OF INQUIRY related 
to your business's apparent violation of section 227 of the 
Communications Act of 1934, as amended, (``Communications Act''), 
47 U.S.C.  227, and section 64.1200 of Federal Communications 
Commission (``FCC'' or ``Commission'') rules, 47 C.F.R.  
64.1200.  These actions are taken pursuant to the provisions of 
sections 4(i), 403, and 503(b)(5) of the Communications Act, 47 
U.S.C.  154(i), 403, 503(b)(5).

     Section 227 was added to the Communications Act by the 
Telephone Consumer Protection Act of 19911 and is most commonly 
known as the TCPA.  The TCPA and the Commission's parallel rules 
restrict a variety of practices that are associated with 
telephone solicitation and use of the telephone network to 
deliver unsolicited advertisements, including fax advertising.  
In order to ensure that telephone facsimile machines are 
available for their owner's use and that advertising costs are 
not shifted from advertisers to individuals or entities that 
receive ads, the TCPA generally prohibits the delivery of 
unsolicited advertisements to telephone facsimile machines.  

     It has come to our attention that you or your company sent 
one or more unsolicited advertisements to a telephone facsimile 
machine(s).  These advertisements apparently were transmitted on 
your behalf by Fax.com.  On August 7, 2002, this Commission 
issued the enclosed Notice of Apparent Liability for Forfeiture 
(NAL) finding that Fax.com is apparently liable for a forfeiture 
of $5,412,000 for sending unsolicited fax advertisements on 
behalf of numerous business entities, including yours. The 
purpose of this correspondence is (1) to inform you of your 
potential liability for monetary forfeitures if you continue to 
send unsolicited advertisements to telephone facsimile machines, 
either through Fax.com, some other entity, or on your own, and 
(2) to gather information regarding your involvement with Fax.com 
and your advertising practices that fall under the TCPA.  

     As set forth below, we direct you to respond to this 
Citation and Letter of Inquiry by providing the information and 
documents specified below no later than 21 days after the date of 
this correspondence.

        I.  CITATION FOR APPARENT VIOLATIONS OF THE TCPA

     As indicated above, the TCPA and the Commission's rules make 
it unlawful to use a ``telephone facsimile machine, computer, or 
other device to send an unsolicited advertisement to a telephone 
facsimile machine.''2  The term ``unsolicited advertisement'' is 
defined in the TCPA 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 Commission has specified that an established business 
relationship between a fax sender and recipient constitutes prior 
express invitation or permission to send a facsimile 
advertisement.4  Mere distribution or publication of a fax 
number, however, does not establish consent to receive 
advertisements by fax.5

     Materials attached to this Citation and Letter of Inquiry 
show that you or your business apparently sent advertisements to 
telephone facsimile machines.  Further, as shown in the 
attachments, the individuals, businesses, or other entities that 
received these advertisements have all indicated that they did 
not (1) have an established business relationship with either 
your business or Fax.com, or (2) otherwise expressly agree to 
receive the fax advertisements.  Accordingly, it appears that 
your business has violated section 227(b)(3) of the 
Communications Act and section 64.1200(a)(3) of the Commission's 
rules by sending unsolicited advertisements to telephone 
facsimile machines. 

     You should be aware that such subsequent violations of the 
Communications Act or of the Commission's rules may result in the 
imposition of monetary forfeitures not to exceed $11,000 for each 
such violation or each day of a continuing violation.  See 47 
C.F.R.  1.80(b)(3). 

     Pursuant to section 503(b)(5) of the Communications Act, you 
may request a personal interview to discuss this citation at the 
Commission's Field Office nearest to your place of business.  You 
should be prepared to address the steps your business is taking 
to ensure compliance with the federal prohibition on faxing 
unsolicited advertisements.  You may contact Senetta Lancaster at 
slancaster@fcc.gov or at (202) 418-2875 to locate the appropriate 
field office.  As indicated above, you must schedule such an 
interview to occur within 21 days of the date of this citation.  
Alternatively, you may submit a written statement responding to 
the citation within 21 days of the date of this citation.  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.

                 II.  INQUIRY REGARDING FAX.COM 
      AND ADVERTISING PRACTICES SUBJECT TO 47 U.S.C.  227 

A.  Instructions

     If you request that any information or documents responsive 
to this letter be treated in a confidential manner, you shall 
submit, along with all responsive documents, a statement of the 
reasons why the documents should be afforded confidential 
treatment and the facts upon which this claim is based, in 
accordance with the FCC's rules.  See 47 C.F.R.  0.459.  

     If you withhold any documents under claims of privilege, you 
shall submit, together with any claim of privilege, a schedule of 
the items withheld that states individually as to each such item 
the numbered request (below) to which each item responds and the 
type, title, specific subject matter, and date of the item; the 
names, addresses, positions, and organizations of all authors and 
recipients of the item; and the specific grounds for claiming 
that the item is privileged.

     Each requested document not subject to a claim of privilege 
or request for confidential treatment shall be submitted in its 
entirety even if only a portion of that document is responsive to 
a request.  This means that the document shall not be edited, 
cut, or expunged, and shall include all appendices, tables, or 
other attachments, and all other documents referred to in the 
document or attachments.  All manuals, instructions, and any 
other written materials necessary to understand any documents 
responsive to these requests must also be submitted. 

     In addition, you should immediately modify your document 
retention policies, if necessary, to ensure that no arguably 
relevant documents are destroyed.  This includes not only the 
information requested, but also any other documents relating to 
these matters, including, without limitation, files, computer 
disks and tapes, audio or visual tapes or recordings, manuals, 
instructions, training materials, memoranda, documents, forms, 
letters, or other writings used in connection with your 
advertising, promotion, marketing, offering for sale, sale, and 
billing.

     For purposes of this letter, the word "any" shall be 
construed to include the word "all," and the word "all" shall be 
construed to include the word "any."  Additionally, the word "or" 
shall be construed to include the word "and," and the word "and" 
shall be construed to include the word "or."  The word "each" 
shall be construed to include the word "every," and the word 
"every" shall be construed to include the word "each."

     For each document or statement submitted in response to the 
requests below, indicate, by number, to which request it is 
responsive.  If any document is undated, state the date on which 
it was prepared.  If any document does not identify its author(s) 
or recipient(s), state, if known, the name of the author(s) or 
recipient(s).  If such information is unknown to you, identify 
the person(s) from whose files the document was retrieved.

     For purposes of this letter, unless otherwise specified, the 
documents that are the subject of the numbered paragraphs below 
are all documents dated or created, in either final or draft 
form, from January 1, 1998 until the present.

     Identify with reasonable specificity all documents provided 
in response to these requests.  Any written statement in response 
to a request should be certified by an authorized officer of the 
company.

B.  Definitions

     For purposes of this letter, the following definitions 
apply:

     "Document" shall mean the complete original (or in lieu 
thereof, exact copies of the original) and any non-identical copy 
(whether different from the original because of notations on the 
copy or otherwise), regardless of origin or location, of any 
written, typed, printed, transcribed, taped, recorded, filmed, 
punched, computer-stored, or graphic matter of every type and 
description, however and by whomever prepared, produced, 
disseminated, or made, including but not limited to any 
advertisement, book, pamphlet, periodical, contract, 
correspondence, facsimile, e-mail, file, invoice, memorandum, 
note, telegram, report, record, handwritten note, working paper, 
routing slip, chart, graph, photograph, paper, index, map, 
tabulation, manual, guide, outline, script, abstract, history, 
calendar, diary, agenda, minute, marketing plan, research paper, 
preliminary drafts, or versions of all of the above, and computer 
material (print-outs, cards, magnetic or electronic tapes, disks 
and such codes or instructions as will transform such computer 
materials into easily understandable form).

     ``You'' or ``your business'' shall mean the business entity 
captioned above and any affiliate, d/b/a, parent companies, any 
wholly or partially owned subsidiary, or other affiliated 
companies or businesses, and all directors, officers, employees, 
or agents, including consultants and any other persons working 
for or on behalf of the foregoing at any time during the period 
covered by this letter.

     ``Fax broadcaster'' shall mean any individual or entity that 
transmits messages to telephone facsimile machines on behalf of 
other entities for a fee.

     ``Fax.com'' shall mean Fax.com, Inc., and to the extent they 
are known to you, any affiliate, d/b/a, parent companies, any 
wholly or partially owned subsidiary, or other affiliated 
companies or businesses, and all directors, officers, employees, 
or agents, including consultants and any other persons working 
for or on behalf of the foregoing at any time during the period 
covered by this letter.

     ``Advertisement'' shall mean any material advertising the 
commercial availability or quality of any property, goods, or 
services.''

     ``Unsolicited advertisement'' shall mean any advertisement 
that is transmitted to any person without that person's prior 
express invitation or permission, unless that person has an 
established business relationship with the sender.''

     ``Established business relationship'' shall mean a prior or 
existing relationship formed by a voluntary two-way communication 
between persons or entities, with or without an exchange of 
consideration, on the basis of an inquiry, application, purchase, 
or transaction made by a person or entity regarding products or 
services offered by another person or entity, which relationship 
has not been previously terminated by either party.'' 

C.   Documents and Information to be Provided

1.   Describe in detail any arrangements whereby any fax 
     broadcaster, including Fax.com, has transmitted 
     advertisements on behalf of your business to telephone 
     facsimile machines.  Provide a copy of each advertisement 
     that was so transmitted on behalf of your business and 
     provide the following information with respect to each 
     advertisement:  

       a.      The timeframe during which you employed any fax 
          broadcaster, including Fax.com, to transmit the 
          advertisement to telephone facsimile machines;

       b.      The total number of transmissions of the 
          advertisement to telephone facsimile machines that you 
          employed any fax broadcaster, including Fax.com, to 
          make, broken down by month;

       c.      Any charges levied by any fax broadcaster, 
          including Fax.com, for transmitting the advertisement 
          on behalf of your business to telephone facsimile 
          machines, broken down by total number of faxes 
          transmitted, by individual fax, and by month;

       d.      Any payments made by or on behalf of your business 
          to any fax broadcaster, including Fax.com, for 
          transmitting the advertisement on behalf of your 
          business to telephone facsimile machines, broken down 
          by total number of faxes transmitted, by individual 
          fax, and by month;

       e.      Whether you employed any fax broadcaster, 
          including Fax.com, to assist with the design or content 
          of the advertisement.  Describe in detail any input 
          from the fax broadcaster regarding the content of the 
          advertisement;

       f.      Whether you provided any fax broadcaster, 
          including Fax.com, with a list of telephone facsimile 
          machine numbers to be used in transmitting the 
          advertisement on your behalf.  If so, provide such 
          list.

       g.      Whether you employed any fax broadcaster, 
          including Fax.com, to transmit the advertisement on 
          behalf of your business to telephone facsimile machines 
          whose numbers are contained in the fax broadcaster's 
          database.  If so, describe the range of destination 
          numbers (e.g., nationwide, statewide, regional) that 
          you employed the fax broadcaster to use.

       h.      Any arrangements whereby any fax broadcaster, 
          including Fax.com, handles or handled complaints, 
          lawsuits, or other enforcement actions related to 
          transmission of the advertisement to telephone 
          facsimile machines, including any complaints, lawsuits, 
          or actions initiated by the FCC, any state regulatory 
          or law enforcement entities, or individual consumers or 
          business entities.  Does the arrangement provide for 
          the fax broadcaster(s) to represent you in such actions 
          and/or pay or reimburse you for any monetary 
          forfeitures, court judgments, settlement payments or 
          expenditures of any type related to such complaints or 
          enforcement actions?

     Answer each question separately for each advertisement.  If 
     you employed more than one fax broadcaster to transmit a 
     particular advertisement, answer each question separately 
     for each fax broadcaster.  Provide a copy of any contracts 
     or agreements whereby your business employed any fax 
     broadcaster, including Fax.com, to transmit your business's 
     advertisements to telephone facsimile machines.  Provide any 
     other relevant documents related to your arrangements with 
     any fax broadcaster.

  2.      Describe any steps you have taken to ensure that 
     advertisements transmitted by any fax broadcaster, including 
     Fax.com, on behalf of your business were delivered only to 
     telephone facsimile machines belonging to individuals or 
     other entities that (a) have an established business 
     relationship with either your business or the fax 
     broadcaster, or (b) have otherwise provided prior express 
     consent for the advertisement to be faxed.  Provide any 
     relevant documents.

  3.      Describe any information conveyed to you by any fax 
     broadcaster that you employed to transmit advertisements to 
     telephone facsimile machines, including Fax.com, regarding 
     the lawfulness of transmitting unsolicited advertisements to 
     telephone facsimile machines.  You should address whether 
     any such fax broadcaster, including Fax.com,

       1.a.    Ever informed you that the transmission of 
          unsolicited advertisements to telephone facsimile 
          machines violates federal law; or

       1.b.     Ever stated or suggested to you that an 
          advertisement sent to a telephone facsimile machine is 
          made lawful by inclusion of a toll-free opt-out number 
          on the face of an advertisement.  

     If you employed more than one fax broadcaster to transmit 
     advertisements to telephone facsimile machines, answer each 
     question separately for each fax broadcaster.  Provide any 
     relevant documents.

  4.      Describe any complaints, lawsuits, or enforcement 
     actions initiated against you for the transmission of 
     advertisements to telephone facsimile machines by or on 
     behalf of your business.  For each such complaint, lawsuit 
     or enforcement action, include the following information:

          a.   The date the action was initiated;
           
          b.   The identity of the initiating party;

          c.   The forum in which the complaint or enforcement 
               action was initiated;

          d.   Whether the action involves advertisements 
               transmitted by any fax broadcaster, including 
               Fax.com;

          e.   Any response to the action by or on behalf of your 
               company or any fax broadcaster, including Fax.com;

          f.   Any monetary payments made in response to or in 
               settlement of the action;

          g.   Any ruling or agreement resolving the action.

     Provide any relevant documents.

  5.      Describe in detail any legal action you have initiated 
     against any fax broadcaster, including Fax.com, related to
      
          a.   The fax broadcaster's transmission of 
               advertisements to telephone facsimile machines on 
               your business's behalf; or
           
          b.   The fax broadcaster's marketing of its fax 
               broadcasting service.

     Provide any relevant documents.

We encourage you to furnish any additional documents or provide a 
statement of any other facts that you believe may be relevant to 
this inquiry.

     Finally, you are directed to provide an affidavit or 
declaration pursuant to 28 U.S.C. 
 1746 and 47 C.F.R.  1.16, signed by an authorized officer of 
your business, which states that all of the documents and 
information requested by this letter which are in your 
possession, custody, control, or knowledge have been produced, 
and which certifies that the information produced is true and 
correct.  You should be aware that the knowing and willful making 
of any false statement, or the concealment of any material fact, 
in reply to this Citation and Letter of Inquiry is punishable by 
fine or imprisonment under 18 U.S.C.  1001.

     Your response to this inquiry and any written response to 
the citation should be submitted no later than 21 days from the 
date of this letter to:

               



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

Please reference EB-02-TC-213 when corresponding with the 
Commission regarding these matters.

     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 TCPA and the Commission's rules.  This will include any 
information that you disclose in your interview or written 
statement in response to the Citation and Letter of Inquiry. 

     Thank you for your prompt cooperation and assistance in this 
matter.  You may contact Mary Romano at (202) 418-0975 or Mr. 
Schroeder at (202) 418-0966 if you have any questions about this 
inquiry.


                              


                              Colleen Heitkamp
                              Chief, Telecommunications Consumers 
Division  
                              Enforcement Bureau
                              Federal Communications Commission

Enclosures
_________________________

1    Pub.L. No. 102-243, 105 Stat. 2394-2402 (1991) (codified at 
47 U.S.C.  227)  
2    47 U.S.C.  227(b)(1)(C); 47 C.F.R.  64.1200(a)(3).

3    47 U.S.C.  227(a)(4); 47 C.F.R.  64.1200(f)(5).
 
4    Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, Report and Order, 7 FCC Rcd 8752, 8779 n. 
87 (1992) (TCPA Report and Order); Rules and Regulations 
Implementing the Telephone Consumer Protection Act of 1991, 
Memorandum Opinion and Order, 10 FCC Rcd 12391, 12408 (1995) 
(TCPA Memorandum Opinion and Order).
5
     TCPA Memorandum Opinion and Order, 10 FCC Rcd 12391, 12408.