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                     WASHINGTON, D.C. 20554
                              January 7, 2004

Koolit Coolers
a.k.a. Koolit
a.k.a. Unique Premium Products, Inc.
3222 Skylane Drive, Suite 100
Carrollton, Texas   75006
Attention: Mark S. Battista, President/Secretary/Director
                 Louis R. Battista, Vice President/Director

          RE:  EB-04-TC-002

Dear Correspondents:

     This is an official CITATION issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the 
Communications Act), 47 U.S.C.  503(b)(5).

     It has come to our attention that your company recently sent 
one or more unsolicited advertisements to telephone facsimile 
machines (see attachment).1  Pursuant to the Telephone Consumer 
Protection Act of 1991 (TCPA) and the Commission's rules, it is 
unlawful to use a ``telephone facsimile machine, computer, or 
other device to send an unsolicited advertisement to a telephone 
facsimile machine.''  47 U.S.C.  227(b)(1)(C); 47 C.F.R.  

     Please be advised that subsequent violations of the 
Communications Act or of the Commission's rules may result in the 
imposition of monetary forfeitures not to exceed $11,000 for each 
such violation or each day of a continuing violation.  See 47 
C.F.R.  1.80(b)(3).

     The phrase ``unsolicited advertisement'' is defined in the 
TCPA 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.''  47 U.S.C.  227(a)(4); 47 C.F.R.  64.1200(f)(5).  
Both the TCPA and the Commission's rules define ``telephone 
facsimile machine'' as ``equipment which has the capacity 
to transcribe text or images, or both, from paper into an 
electronic signal and to transmit that signal over a regular 
telephone line, or to transcribe text or images (or both) from an 
electronic signal received over a regular telephone line onto 
paper.''  47 U.S.C.  227(a)(2); 47 C.F.R.  64.1200(f)(2).  
Addressing the TCPA's definition of ``telephone facsimile 
machine,'' the Commission stated that ``[f]ax modem boards are 
the functional equivalent of stand-alone facsimile machines.''  
Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, 10 FCC Rcd 12391, 12405, para. 29 (1995).

     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 Dallas Office at  9330 LBJ Freeway, Room 1170, Dallas, 
Texas 75243-3429 , which you can contact by telephone at (214) 
575-6361 .  You must schedule this interview to take place within 
30 days of the date of this citation.  Alternatively, you may 
submit a written statement 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 

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-04-TC-002 
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 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 TCPA and the Commission's rules.  This will include any 
information that you disclose in your interview or written 

     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.


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


1 In addition to the advertisement(s) referenced by and attached 
to this citation, the complaining party may also have included 
with the complaint one or more facsimile advertisements 
transmitted by other senders.  This citation concerns only the 
facsimile advertisement(s) referenced by and attached to the 
citation, and your response only needs to address such