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                    WASHINGTON, D.C. 20554
                                        April  22, 2003   

1 Home Lending Corporation                   Glenn Allan Podell
d.b.a. Home Lending Corporation              30013 Trail Creek 
d.b.a. Capital Line Financial                     Agoura Hills, 
California  91301
d.b.a. Capital Line Financial Services
d.b.a. Capital Line Enterprises, Inc.             Gary Higer                     
23925 Park Sorrento, Suite 200               4000-D West 
Calabasas, California  91302-4010            Burbank, 
California  91505                      
Attention:     Glenn Allan Podell, President           
          Matthew Scott Powell               Kristie Michelle 
          William Joseph Tessar         578 Carnation Court   
          Kristie Michelle Powell       Simi Valley, California  
          Gary Higer, Designated

William Joseph Tessar                   Matthew Scott Powell
471-A Augustine Way                4474 Alpine Street 
Simi Valley, California  93063               Simi Valley, 
California  93063-3420

     RE:  EB-03-TC-031

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.1

     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 

in the rules.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 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.4   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. 5

     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 Los Angeles Office at 18000 Studebaker Road, 
Room 660, Cerritos, California 90703-2692, which you can 
contact by telephone at 
(562) 865-0598.   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-031 when corresponding with the 

     If you request a meeting, 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 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 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   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 

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).