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                 FEDERAL COMMUNICATIONS COMMISSION
                       WASHINGTON, D.C. 20554
                                                    August 19, 2003




Mile Hi Window Service, Inc.            Mile Hi Window Service, Inc.
d.b.a. Deep Core Aeration                    d.b.a. Deep Core 
Aeration
d.b.a. Florian McCann Window Service         d.b.a. Florian McCann 
Window Service 
d.b.a. McCann Lawns and Services             d.b.a. McCann Lawns and 
Services
d.b.a. McCann's Window Service               d.b.a. McCann's Window 
Service
d.b.a. Mile High Aeration                    d.b.a. Mile High 
Aeration
d.b.a. Mile Hi Cleaning Service              d.b.a. Mile Hi Cleaning 
Service 
d.b.a. Mile Hi Gutter Cleaning               d.b.a. Mile Hi Gutter 
Cleaning
d.b.a. Mile Hi Residential Services               d.b.a. Mile Hi 
Residential Services
d.b.a. Mile Hi Window Cleaning, Inc.         d.b.a. Mile Hi Window 
Cleaning, Inc.
d.b.a. Mile Hi Window Service           d.b.a. Mile Hi Window 
Service        
d.b.a. Residential Services                  d.b.a. Residential 
Services
2418 West Evans Avenue                  2190 South Holly Street, 
Unit 224
Denver, Colorado  80219-5504            Denver, Colorado  80222-5622
Attn:     Florian B. McCann, President            Attn:     Florian 
B. McCann, President
     
Florian B. McCann                       
2540 South Gray Court 
Lakewood, Colorado  80227-4017

          RE:  EB-03-TC-070

Dear Mr. McCann:
 
     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 described 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.

     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. 4

     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 Denver Office at 215 South Wadsworth Boulevard, Suite 303, 
Lakewood, Colorado 80226-1544, which you can contact by telephone at 
(303) 231-5212.  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.  Please reference EB-03-TC-070 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   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 Commission....'').

3   47 U.S.C.  227(a)(4); 47 C.F.R. 64.1200(f)(5).

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