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                     WASHINGTON, D.C. 20554
                        October 15, 2004


NSI Technologies, Inc.
a.k.a. NSI Satellite, Inc.
a.k.a. Pro One Communications
Attn: Kurt L. Steding, Jr., President
         Raymond Steinhauser, Vice President
294 West Steuben Street
Pittsburgh, Pennsylvania 15205-2512

          RE:  EB-04-TC-141

Dear Mr. Steding and Mr. Steinhauser: 

     This is an official CITATION, issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the 
Act), 47 U.S.C.  503(b)(5), for violations of the Act and the 
Federal Communications Commission's rules that govern telephone 
solicitations and unsolicited advertisements.1  As explained 
below, future violations of the Act or Commission's rules in this 
regard may subject your company to monetary forfeitures.

     It has come to our attention that your company has delivered 
one or more prerecorded messages to a residential telephone line 
or lines in violation of the section 227(b)(1)(B) of the Act and 
section 64.1200(a)(2) of the Commission's rules.  Under these 

     it shall be unlawful for any person within the United 
     States, or any person outside the United States if the 
     recipient is within the United States . . . to initiate any 
     telephone call to any residential telephone line using an 
     artificial or prerecorded voice to deliver a message without 
     the prior express consent of the called party, unless the 

     (i) Is made for emergency purposes,2
     (ii) Is not made for a commercial purpose,
     (iii) Is made for a commercial purpose but does not include 
     or introduce an unsolicited advertisement3  or constitute a 
     telephone solicitation,4
     (iv) Is made to any person with whom the caller has an 
     established business relationship5 at the time the call is 
     made, or
     (v) Is made by or on behalf of a tax-exempt nonprofit 
Accordingly, it is generally unlawful to use an artificial or 
prerecorded voice to deliver an advertisement or telephone 
solicitation to a residential telephone line unless the call is 
made (1) by or on behalf of a tax-exempt nonprofit organization, 
(2) with the prior express consent of the called party, (3) to a 
person who has an established business relationship with the 
     The attached information indicates that your company 
delivered an unsolicited advertisement or telephone solicitation, 
through a prerecorded message, to one or more residential 
telephone subscribers who either (1) had not expressly invited or 
authorized the call(s) or (2) did not have an established 
business relationship with your company (a transaction within 18 
months prior to the call(s), or an inquiry or application within 
3 months prior to the call(s)).  As explained above, this action 
violates section 227(b)(1)(B) of the Communications Act and 
section 64.1200(a)(2) of the Commission's rules.

      Separately, it appears that your company also has violated 
other Commission rules that govern all prerecorded messages.  
Under section 64.1200(b), prerecorded messages must, at the 
beginning of the message, state clearly the identity of the 
business (the name under which the business is registered to 
conduct business with the State Corporation Commission or 
comparable regulatory authority), individual, or other entity 
that is responsible for initiating the call.  In addition, the 
telephone number6 of such business, or individual, or other 
entity must be provided either during or after the prerecorded 
message.  According to the attached information received by the 
Commission, it appears that your telephone solicitation(s) did 
not contain all the required information.

       If, after receipt of this citation, you violate the 
Communications Act or the Commission's rules in any manner 
described herein, the Commission may impose monetary forfeitures 
not to exceed $11,000 for each such violation or each day of a 
continuing violation. 7

     You may respond to this citation within 30 days from the 
date of this letter either through (1) a personal interview at 
the Commission's Field Office nearest to your place of business, 
(2) a written statement.  Your response should specify the 
actions that you are taking to ensure that you do not violate the 
Commission's rules governing telephone solicitation and 
unsolicited advertisements, as described above.  
     The nearest Commission field office appears to be either the 
FCC Headquarters location at 445-12th Street, S.W., Washington, 
D.C. 20554 or the Philadelphia Office at One Oxford Valley Office 
Building, Room 404, 2300 East Lincoln Highway, Langhorne, 
Pennsylvania 19047-1859.  Please contact Al McCloud at (202) 418-
2499 if you wish to schedule a personal interview.  You should 
schedule any interview to take place within 30 days of the date 
of this letter.  You should send any written statement within 30 
days of the date of this letter to: 

               Kurt A. Schroeder
               Deputy Chief
                                    Telecommunications Consumers 
               Enforcement Bureau
               Federal Communications Commission
               445-12th Street, S.W., Rm. 4-C222
               Washington, D.C.  20554 

Reference EB-04-TC-141 when corresponding with the Commission.

     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 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, including information 
that you disclose in your interview or written statement, to 
determine what, if any, enforcement action is required to ensure 
your compliance with the Communications Act and the Commission's 

     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 Division
                         Enforcement Bureau
                         Federal Communications Commission



1 47 U.S.C.  227; 47 C.F.R.  64.1200.  A copy of these 
provisions is enclosed for your convenience.  Section 227 was 
added to the Communications Act by the Telephone Consumer 
Protection Act of 1991 and is most commonly known as the TCPA.  
The TCPA and the Commission's parallel rules restrict a variety 
of practices that are associated with telephone solicitation and 
use of the telephone network to deliver unsolicited 
advertisements, including prerecorded messages to residential 
telephone lines.

2 The term ``emergency purposes'' means calls made necessary in 
any situation affecting the health and safety of consumers.''  47 
C.F.R.  64.1200(f)(2). 

3 The term ``unsolicited advertisement'' means ``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.'' 
47 U.S.C. 227(a)(4); 47 C.F.R.  64.1200(f)(10).

4 The term ``telephone solicitation'' means
     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, but such term does not include a 
     call or message:
     (i) To any person with that person's prior express 
     invitation or permission;
     (ii) To any person with whom the caller has an established 
     business relationship; or
     (iii) By or on behalf of a tax-exempt nonprofit 

 47 U.S.C.  227(a)(3); 47 C.F.R. 64.1200(f)(9). 

5 The term ``established business relationship'' means 

     a prior or existing relationship formed by a voluntary two-
     way communication between a person or entity and a 
     residential subscriber with or without an exchange of 
     consideration, on the basis of the subscriber's purchase or 
     transaction with the entity within the eighteen (18) months 
     immediately preceding the date of the telephone call or on 
     the basis of the subscriber's inquiry or application 
     regarding products or services offered by the entity within 
     the three months immediately preceding the date of the call, 
     which relationship has not been previously terminated by 
     either party.
     (i) The subscriber's seller-specific do-not-call request, as 
     set forth in paragraph (d)(3) of this section, terminates an 
     established business relationship for purposes of 
     telemarketing and telephone solicitation even if the 
     subscriber continues to do business with the seller.
     (ii) The subscriber's established business relationship with 
     a particular business entity does not extend to affiliated 
     entities unless the subscriber would reasonably expect them 
     to be included given the nature and type of goods or 
     services offered by the affiliate and the identity of the 

 47 C.F.R.  64.1200(f)(3)

6 Any telephone number so provided may not be for (1) an 
autodialer or prerecorded message player that placed the call, 
(2) a 900 number, or (3) any other number for which charges 
exceed local or long distance transmission charges.  In addition, 
any such telephone number provided in connection with a 
prerecorded sales messages to a residential telephone subscriber 
must permit any individual to make a do-not-call request during 
regular business hours for the duration of the telemarketing 

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