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                       WASHINGTON, D.C. 20554
                                       November 5, 2002

American Health and Life Insurance           American Health and 
Life Insurance        
d.b.a. American Life and Health Insurance         d.b.a. American 
Life and Health Insurance
3901 West Arkansas Lane                 P.O. Box 201818           
Suite 100                          Arlington, Texas  76006
Arlington, Texas  76016                 Attn:  Edward Offiong Ette, 
Attn:  Edward Offiong Ette, Owner                             
Elizabeth Betty Young
          Elizabeth Betty Young

Edward Offiong Ette                     Edward Offiong Ette
5602 Glacier Lake Drive                 American Health and Life 
Arlington, Texas  76013                 d.b.a. American Life and 
Health Insurance
                                   2102 Scenic Bay Drive   
                                   Arlington, Texas  76013
Jeffrey Michael Dryden 1                          
3402 Preston, Apt. 1111
Pasadena, Texas  77505

     RE: EB-02-TC-257

Dear Correspondents:

     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.2

     It has come to our attention that your company has delivered 
one or more prerecorded unsolicited advertisements to residential 
telephone lines (see attachment).  The Act and the Commission's 
rules prohibit transmission of unsolicited advertisements through 
prerecorded messages to residential telephone lines except under the 
very limited circumstances described in the rules.3   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.''4   The attached 
information provided to the Commission indicates that your company 
delivered such unsolicited advertisements, through prerecorded 
messages, to one or more residential telephone subscribers who do 
not have an established business relationship with your company and 
had not expressly invited or authorized the call(s).  Those actions 
violate 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 
solicitation.  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.5   
According to the attached information received by the Commission, it 
appears that your telephone solicitation did not contain all the 
required information.

     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. 6

     Pursuant to section 503(b)(5) of the Communications Act, you 
may request a personal  interview at the Commission's Field Office 
nearest to your place of business.  The nearest office appears to be 
the Dallas Office at  9330 LBJ Freeway, Room 1170, Dallas, Texas 
75243.  You can contact the Dallas Office by telephone at (214) 575-
6361.  You must schedule this 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 written statement 
should specify what actions have been 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-
02-TC-257 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 
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 Division
                         Enforcement Bureau
                         Federal Communications Commission



1   The Telecommunications Consumers Division has obtained 
information that Jeff Dryden is the subscriber for a telephone 
number that appears to be one of American Health and Life 
Insurance's operating telephone numbers.

2   47 U.S.C  227; 47 C.F.R.  64.1200.

3   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....'').

4   47 U.S.C.  227(a)(4); 47 C.F.R. 64.1200(f)(5).

5   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).

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