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

                                 May 13, 2003

Far Star Enterprises                         Far Star Enterprises
d.b.a. Nu-Cote Exteriors                d.b.a. Nu-Cote Exteriors
8340 Clairemont Mesa Boulevard               P.O. Box 12502
Suite 109                          LaJolla, California  92039
San Diego, California  92111-1320            Attn:     Bettye 
Farar, President
Attn:     Bettye Farar, President                 Janet Griggs
     Janet Griggs

          RE:  EB-03-TC-037  

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 Federal Communications Commission's 
rules that govern telephone solicitation.1

     It has come to our attention that your company, or an entity 
acting on behalf of your company, delivered a telephone 
solicitation to a residential telephone line despite a previous 
do-not-call request by a member of the household.  Section 
64.1200(e) of the Commission's rules requires entities that make 
telephone solicitations to residential telephone subscribers to 
follow certain procedures to ensure that the subscribers are able 
to stop such solicitation calls.  Specifically, entities that 
advertise through telephone solicitation must (1) develop written 
policies for maintaining a do-not-call list and make such written 
policies available upon demand; (2) inform and train their 
personnel engaged in any aspect of telephone solicitation about 
the existence and use of the do-not-call list; (3) place 
consumers who request not to receive telephone solicitations on 
the do-not-call list; and (4) honor each do-not-call request for 
ten years from the time the request is made.2  In addition, the 
Commission has found that it is unlawful to call a residential 
telephone line to deliver a telephone solicitation if any member 
of the household has made a do-not-call request.3 

       Under the 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;'' calls that are made either by tax-exempt 
nonprofit organizations or to any person who has provided prior 
express invitation or permission to call or has an established 
business relationship with the caller are not considered 
telephone solicitations.4    

     The attached information provided to the Commission 
indicates that your company failed to honor a do-not-call request 
that was made by or on behalf of a residential telephone 
subscriber who does not have an established business relationship 
with your company and did not expressly invite or authorize the 
call.  That action violates section 64.1200(e)(2)(vi) of the 
Commission's rules.

     Subsequent violations of the Commission's rules and orders 
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 San Diego Office at 4542 Ruffner Street, Room 370, San 
Diego, California 92111-2216, which you can contact by telephone 
at (858) 496-5111.  You must schedule the interview to take place 
within 21 days of the date of this citation.  You should be 
prepared to discuss when your company recorded the do-not-call 
request(s) referenced in the attached consumer correspondence and 
why your company failed to honor such request(s).  You also will 
be expected to discuss your procedures for training your 
company's telephone solicitors as to do-not-call 
responsibilities, and to specify what steps your company has 
taken to ensure future compliance with the Commission's do-not-
call rules.  Finally, you must supply 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.  Alternatively, you 
may submit a written statement addressing the specified topics, 
and attaching your company's written do-not-call policy, 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 

You should reference EB-03-TC-037 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 
     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). 

     As required by the Privacy Act of 1974, 5 U.S.C.  
552(a)(e)(3), you are hereby notified that the Commission's staff 
will use all relevant material information to determine what, if 
any, enforcement action is required to ensure your compliance 
with the Commission's rules.  This will include any information 
that you disclose in your interview or written statement.  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.

     Finally, 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 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 
                              Enforcement Bureau
                              Federal Communications Commission


1    47 U.S.C.  227; 47 C.F.R.  64.1200.
2    47 C.F.R.  64.1200(e).
3    Consumer.Net v. AT&T, Order, 15 FCC Rcd 281, 298 (1999).

4    47 U.S.C.  227(a)(3); 47 C.F.R.  64.1200(f)(3).

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