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                     WASHINGTON, D.C. 20554

                        December 12, 2003

Mr. Randolph H. Elkins
Senior Vice President
Law and Business Affairs
Time?Life, Inc.
2000 Duke Street
Alexandria, VA 22314
Fax: 703-838-7474

          RE: EB-03-TC-071

Dear Mr. Elkins:

     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 telephone 
solicitations to residential telephone lines despite previous 
do?not?call requests by members of the households.2  One 
complainant, Mr. Plotts, alleges that your employee called his 
home within one minute after he requested that the employee place 
his number on a do?not?call list.3  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 engage 
in 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.4  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.5 

       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.6    

     The attached information provided to the Commission 
indicates that your company failed to honor do-not-call requests 
that were made by or on behalf of residential telephone 
subscribers.  That action violated 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.7 

     Pursuant to section 503(b)(5) of the Communications Act, you 
may request a personal interview at the Commission office nearest 
to your place of business. The nearest office appears to be the 
FCC headquarters location at 445 - 12th St., S.W., Washington, 
D.C. 20554.  You can contact the FCC headquarters location by 
telephone at 202-418-7320.  You must schedule the interview to 
take place within 30 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 30 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-071 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. 

     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.  References to the 
Commission's rules in this citation are to the rules as they 
existed at the time of the facts at issue here.
2    See attached complaints, IC nos. 03-W6261598, 03-W5946896, 

3    See attached complaint, IC no. 02-N85773

4    47 C.F.R.  64.1200(e) (2002).
5    Consumer.Net v. AT&T, Order, 15 FCC Rcd 281, 298 (1999).

6    47 U.S.C.  227(a)(3); 47 C.F.R.  64.1200(f)(3)(2002).

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