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

******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************



                 FEDERAL COMMUNICATIONS COMMISSION
                       WASHINGTON, D.C. 20554
                                            
                                              
                                      June 10, 2003



American Lubefast Franchising, Inc.               American Lubefast 
Franchising, Inc.
a.k.a. American Lubefast, L.L.C.             a.k.a. American 
Lubefast, L.L.C.    
a.k.a. American Lubefast Franchising -       a.k.a. American 
Lubefast Franchising -
     GA 102-105, 107-108, 110-111, L.L.C.         GA 102-105, 107-
108, 110-111, L.L.C.
a.k.a. American Lubefast/Super-Lube          a.k.a. American 
Lubefast/Super-Lube
a.k.a. American Lubefast                a.k.a. American Lubefast 
629 Airport Road                        1550 North Brown Road, Suite 
140
Lawrenceville, Georgia  30043           Lawrenceville, Georgia  
30043
Attn:     John Vigliotti, Chief Executive Officer Attn:     John 
Vigliotti, Chief Executive Officer
     Scott Hesprich, Chief Financial Officer      Scott Hesprich, 
Chief Financial Officer
     Robert D. Wade, Secretary                    Robert D. Wade, 
Secretary

American Lubefast Franchising, Inc.               C T Corporation 
System 1
a.k.a. American Lubefast, L.L.C.             1200 South Pine Island 
Road, Suite 250
a.k.a. American Lubefast Franchising -       Fort Lauderdale, 
Florida  33324       
     GA 102-105, 107-108, 110-111, L.L.C.    Attn:     James 
Bordonaro, Manager   
a.k.a. American Lubefast/Super-Lube
a.k.a. American Lubefast
1505 Lakes Parkway, Suite 100
Lawrenceville, Georgia  30243
Attn:     Tim Anderson 2
     Timothy J. Embry

          RE:  EB-03-TC-045

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.3

     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.4   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.''5    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.6   
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. 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 
the Atlanta Office at 3575 Koger Boulevard, Room 320, Duluth, 
Georgia 30096-4958, which you can contact by telephone at (770) 935-
3370.  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-045 when corresponding with the Commission.

     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 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 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.

                         Sincerely, 



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

Enclosures
_________________________

1   The Telecommunications Consumers Division has obtained 
information that C T Corporation System is the registered agent for 
American Lubefast Franchising, L.L.C.
 
2   The Telecommunications Consumers Division has obtained 
information that Tom Anderson and Timothy J. Embry are the 
registered agents for American Lubefast Franchising, Inc., American 
Lubefast, L.L.C., and American Lubefast Franchising - GA 102-105, 
107-108, 110-111, L.L.C.

3   47 U.S.C  227; 47 C.F.R.  64.1200.

4   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....'').

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

6   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).

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