Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                      WASHINGTON, D.C. 20554
                                            January 28, 2003

Lifetime Capital Guarantee                        C.T. 
Corporation System 1
d.b.a. Rue Educational Publishers                 36 South 
Pennsylvania St., Suite 700
d.b.a. Rue Educational Publishers, Inc.           Indianapolis, 
Indiana 46204-2279
d.b.a. Rue Educational Publishers, Inc.-Nursing Division    Attn:  
Richard Riegner
d.b.a. Rue Uniforms and Accessories, Inc.
d.b.a. EBanc Funding, Your Mortgage Lender, LLC 
150 McMullen Booth Road, South
Clearwater, Florida  33759-4468                   Paul Haagsma
Attn:    Paul Haagsma                             Barbara Haagsma
     Barbara Haagsma                         1320 Gulf Boulevard
     Larry Bergsman, Registered Agent             Bellaire Shore, 
Florida 33786-3320
     Vicky Graham
     Tracy Rauck

     RE:  EB-03-TC-005

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 messages to a cellular telephone line.  
The Act and the Commission's rules prohibit the transmission of 
any call using a prerecorded voice to any telephone number 
assigned to a cellular telephone service except when the call is 
made for emergency purposes3 or with the prior express consent of 
the called party.4 The attached information provided to the 
Commission indicates that your company delivered a prerecorded 
message to a cellular telephone line, and that the message was 
neither delivered for emergency purposes nor with the prior 
express consent of the called party.  This action violates 
section 227(b)(1)(A)(iii) of the Act and section 
64.1200(a)(1)(iii) of the Commission's rules.

     The attached information indicates that your prerecorded 
message contained an unsolicited advertisement.5  Accordingly, 
you also should be aware that it is unlawful to transmit 
unsolicited advertisements through prerecorded messages to 
residential telephone lines except under the very limited 
circumstances described in the Commission's rules.6 

     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. 7

     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 either the Tampa Office at 2203 North Lois Avenue, 
Tampa, Florida 33607 or the Chicago Office at 1550 Northwest 
Highway, Park Ridge, Illinois 60068.  You can contact the Tampa 
Office or the Chicago Office by telephone at (813) 348-1741 and 
(847) 298-5402, respectively.   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-03-TC-005 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 C. T. Corporation System is listed as Rue 
Educational Publishers, Inc.'s registered agent.

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

3  In this context, ``'emergency purposes' means calls made 
necessary in any situation affecting the health and safety of 
consumers.''  47 C.F.R.  64.1200(b).
4  47 U.S.C.  227(b)(1)(A)(iii); 47 C.F.R.  64.1200(a)(1)(iii).  

5  The term ``unsolicited advertisement'' is defined in the Act 
and the Commission's rules as ``any material advertising the 
commercial availability of quality of any property, goods, or 
services which is transmitted to any person without that person's 
prior express invitation or permission.  47 U.S.C.  227(a)(4); 
47 C.F.R.  64.1200(f)(5).
6  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....''). 
7   See 47 C.F.R.  1.80(b)(3).