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                         WASHINGTON, D.C. 20554
                                         September 10, 2003

Discovery Marketing & Distributing, Inc.               Timothy V. 
d.b.a. Rainsoft Water Treatment                   Margaret D. Randolph
d.b.a. Rainsoft of Polk County                    1110 S.W. Ivanhoe 
Boulevard, #32
d.b.a. Finance Discovery                     Orlando, Florida  32804-
d.b.a. Marine Resources, Inc.
d.b.a. Paradise Water, Inc.                       Timothy V. Randolph, 
d.b.a. Tiki Financial Services, Inc.                   9832 Bear Lake 
6505 Edgewater Drive                         Apopka, Florida  32703-1929
Orlando, Florida 32810-4205
Attn:     Timothy V. Randolph, Sr., CEO
     Timothy V. Randolph, II, President
     Mason W. Miles III, Vice President
     Margaret D. Randolph, Secretary
     John Derek Wilfong, Esq., Reg. Agent

          RE:  EB-03-TC-069 

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 

     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 

       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 Tampa 
Office at 2203 N. Lois Avenue, Room 1215, Tampa, Florida 33607-2356, 
which you may contact by telephone at (813) 348-1741.  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-069 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.  

     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    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).