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                      WASHINGTON, D.C. 20554

                          June 29, 2005


Joe Zeidner
General Counsel
1-800 Contacts
66 East Wadsworth Park Drive
3d Floor
Draper, Utah, 84020.

          RE:  EB-05-TC-030

Dear Mr. Zeidner: 

     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, among other things, 
the use of automatic telephone dialing systems.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 used an 
automatic telephone dialing system to simultaneously engage more 
than one line of a multi?line business in violation of the Act and 
Commission rules.  In particular, section 227(b)(1)(D) of the Act 
and section 64.1200(a)(4) of the Commission's rules prohibit any 
person within the United States, or any person outside the United 
States if the recipient is within the United States to ``use an 
automatic telephone dialing system in such a way that two or more 
telephone lines of a multi-line business are engaged 
     The attached information indicates that your company used an 
automatic telephone dialing system to deliver prerecorded messages 
that simultaneously engaged more than one telephone line in 
several multi?line business offices.3  As explained above, this 
action violates section 227(b)(1)(D) of the Act and section 
64.1200(a)(4) of the Commission's rules.

     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. 4

     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, or 
(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 the use of automatic telephone 
dialing systems to contact multi?line businesses, as described 
     The nearest Commission field office appears to be the Denver 
Office in Lakewood, Colorado 80226-1544.  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
Consumers Division
                    Enforcement Bureau
                    Federal Communications Commission
                    445-12th Street, S.W.
                    Rm. 4-C222
                    Washington, D.C.  20554 

Reference EB-05-TC-030 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 

          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. 

     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, including the use of automatic telephone dialing 
systems to contact, for example, emergency telephone lines, 
hospital patient rooms, and multi?line businesses.

2 47 U.S.C.  227(b)(1)(D); 47 C.F.R.  64.1200(a)(4).

3 Although one complainant lists ``'' as the company 
involved, Commission staff was redirected to your company's 
website upon entering the internet address ``''  See 
Complaint filed by R. Eaves, November 29, 2004.

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