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                FEDERAL COMMUNICATIONS COMMISSION
                     WASHINGTON, D.C. 20554
                                                       
                        December 18, 2003


BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE


Patrick Librojo, Vice President
CPM Funding, Inc.
P. O. Box 53324
Irvine, CA 92619

California Pacific Mortgage
2082 Business Center Drive
Irvine, CA 92612

     RE:  EB-03-TC-145 

Dear Mr. Librojo: 

     This is  an official  CITATION, issued  pursuant to  section 
503(b)(5)  of the  Communications Act  of 1934,  as amended  (the 
Communications Act), 47 U.S.C.  503(b)(5), for violations of the 
Federal Communications  Commission's rules that  govern telephone 
solicitations  and  unsolicited  advertisements.1   As  explained 
below, future violations of the Commission's rules in this regard 
may subject your company to monetary forfeitures.

     By letter  dated November  18, 2003, the  Telecommunications 
Consumers  Division   of  the  Commission's   Enforcement  Bureau 
notified you of consumer complaints regarding telemarketing calls 
that your company, or an entity acting on behalf of your company, 
made to  telephone lines that are  contained in the  National Do-
Not-Call  Registry, and  provided you  an  opportunity to  submit 
information to demonstrate the lawfulness  of those calls.2   You 
responded by letter dated December 1,  2003.3  You do not dispute 
making such calls.  Further, you do not claim any exemptions, nor 
does your December  1 Letter otherwise demonstrate that  you have 
complied with  the Commission's  standards governing  use of  the 
National  Do-Not-Call  Registry.   Accordingly,   we  issue  this 
citation.  

     Section 64.1200(c)(2)  of the  Commission's rules  generally 
prohibits the delivery of telephone  solicitations to residential 
telephone numbers that are contained  in the National Do-Not-Call 
registry  except  in  certain  limited   situations.   Under  the 
Communications  Act and  the  Commission's rules,  a  ``telephone 
solicitation'' is ``the initiation of a telephone call or message 
for the  purpose of  encouraging the  purchase or  rental of,  or 
investment in, property, goods, or services, which is transmitted 
to  any person.''4   Calls made  by  or on  behalf of  tax-exempt 
nonprofit   groups   are   not   considered   to   be   telephone 
solicitations.  Similarly,  calls that are  made to a  person who 
either has  provided prior  express invitation  or permission  to 
call5  or has  an  established  business relationship6  with  the 
caller  are   not  considered  to  be   telephone  solicitations.  
Finally, the rules  permit telephone solicitations to  a consumer 
whose number  is listed on  the National Do-Not-Call  Registry if 
that consumer  has a  personal relationship  with the  individual 
making the calls.7

     Accordingly, under the Commission's rules  it is unlawful to 
deliver a telephone solicitation to  a residential telephone line 
unless (1)  the call  is made  by or  on behalf  of a  tax-exempt 
nonprofit group;  (2) the  call is  made by  a person  who has  a 
personal relationship with the called party; (3) the called party 
has provided signed, written consent for the  call to be made; or 
(4)  the  called  party  has  made a  purchase  from,  or  had  a 
transaction with,  the caller  within the  18 months  immediately 
preceding  the  call  or  has  made  an  inquiry  or  application 
regarding  the caller's  products or  services  within the  three 
months immediately preceding  the call, and the called  party has 
not  specifically asked  the  caller  to stop  all  telemarketing 
calls. 

     Entities making  telephone solicitations must  honor do-not-
call registrations no  later than three months after  a number is 
placed on the National Do-Not-Call Registry,  and for a period of 
no  less   than  five   years.   To   accomplish  this,   section 
64.1200(c)(2)(i)(D)    requires   entities    making    telephone 
solicitations  to  use  a version  of  the  National  Do-Not-Call 
Registry obtained no more than three  months before any telephone 
solicitation is  made, and to  document this process.   An entity 
that does not claim one of the  exemptions set forth above is not 
liable for calling a telephone number on the National Do-Not-Call 
Registry only  if it  is able  to demonstrate  that it has  fully 
complied with  the Commission's  standards governing  use of  the 
National   Do-Not-Call   Registry   as   set   out   in   section 
64.1200(c)(2)(i)(A)-(E) of  the  rules, and  that the  particular 
telephone solicitation call was the result of error.

     If,  after  receipt  of  this   citation,  you  violate  the 
Communications  Act  or  the Commission's  rules  in  any  manner 
described herein, the Commission may  impose monetary forfeitures 
not to exceed  $11,000 for each such  violation or each day  of a 
continuing violation. 8
 
     You may  respond to  this citation within  30 days  from the 
date of  this letter either through  (1) a personal  interview at 
the Commission's Field Office nearest to  your place of business, 
or (2)  a written  statement.  Your  response should specify  the 
actions that you are taking to ensure that you do not violate the 
Commission's   rules   governing   telephone   solicitation   and 
unsolicited advertisements, as described above.  
     
The nearest Commission field office appears to be the Los Angeles 
Office at  Cerritos Corporate Tower,  18000 Studebaker  Road, Rm. 
660, Cerritos, CA 90701-3684, which you  may contact by telephone 
at (562)  860-7474.   You should  schedule any interview  to take 
place within  30 days of  the date of  this letter.    You should 
send any  written statement within  30 days of  the date  of this 
letter to: 

               Kurt A. Schroeder
               Deputy Chief
                                    Telecommunications Consumers 
Division
               Enforcement Bureau
               Federal Communications Commission
               445-12th Street, S.W.
               Rm. 3-C366
               Washington, D.C.  20554 

Reference EB-03-TC-145 when corresponding with the Commission.

     Reasonable accommodations  for people with  disabilities are 
available   upon  request.    Include   a  description   of   the 
accommodation you will need including as  much detail as you can.  
Also  include  a  way  we  can  contact   you  if  we  need  more 
information.  Please allow  at least 5 days advance  notice; last 
minute requests will be accepted, but  may be impossible to fill.  
Send  an  e-mail  to  fcc504@fcc.gov  or   call  the  Consumer  & 
Governmental Affairs Bureau:

          For sign language interpreters, CART, and other 
reasonable accommodations: 
     202-418-0530 (voice), 202-418-0432 (tty);

          For accessible format materials (braille, large print, 
electronic files, and audio 
     format): 202-418-0531 (voice), 202-418-7365 (tty). 

     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, including  information 
that  you disclose  in your  interview or  written statement,  to 
determine what, if any, enforcement action  is required to ensure 
your compliance with the Communications  Act and the Commission's 
rules.  

     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.

                         Sincerely, 


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

Enclosures

     



_________________________

1 47 C.F.R.  64.1200.  A copy of these rules is enclosed for 
your convenience.

2 We have attached the complaint(s) on which this citation is 
based.

3 See Letter dated December 1, 2003  from Patrick Librojo to Kurt 
Schroeder, File EB-03-TC-145 (``December 1 Letter'').
4 47 U.S.C.  227(a)(3); 47 C.F.R.  64.1200(f)(9). 

5  Prior  express  invitation  or permission  to  call  a  number 
contained on the National Do-Not-Call  Registry must be evidenced 
by a  signed, written  agreement between  a consumer and  seller.  
The  agreement must  include both  the consumer's  consent to  be 
called by the particular seller and the telephone number to which 
such calls may be placed.  47 C.F.R.  64.1200(c)(2)(ii).

6 An  ``established business  relationship'' means  ``a prior  or 
existing relationship formed by a voluntary two-way communication 
between a person  or entity and a residential  subscriber with or 
without  an  exchange  of  consideration, on  the  basis  of  the 
subscriber's purchase or  transaction with the entity  within the 
eighteen  (18)  months  immediately preceding  the  date  of  the 
telephone call  or on  the basis of  the subscriber's  inquiry or 
application regarding products or services  offered by the entity 
within the  three months  immediately preceding  the date of  the 
call, which  relationship has not  been previously  terminated by 
either party.''   47  C.F.R.   64.1200(f)(3).   The  established 
business relationship exception  does not apply when  a telephone 
subscriber has  made a  company-specific do-not-call request.   A 
company-specific  do-not-call request  terminates an  established 
business  relationship for  telemarketing  purposes even  if  the 
requester continues to  do business with the company.   47 C.F.R.  
64.1200(f)(3)(i); see  also Rules  and Regulations  Implementing 
the Telephone Consumer Protection Act of  1991, Report and Order, 
7 FCC Rcd 8752,  8766 n.47, 8770 n.63 (1992); see  also H.R. Rep. 
102-317, 1st Sess., 102nd Cong. at 15 (1991); Charvat v. Dispatch 
Consumer  Services, Inc.,  95 Ohio  St.  3d 505,  769 N.E.2d  829 
(2002).  

7 47  C.F.R.   64.1200(c)(2)(iii).  A ``personal  relationship'' 
exists if the recipient of the call is a ``family member, friend, 
or acquaintance of the telemarketer making the call.''  47 C.F.R. 
 64.1200(f)(11).

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