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                FEDERAL COMMUNICATIONS COMMISSION
                     WASHINGTON, D.C. 20554
                                                       
                        January 20, 2006

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

LocateCell.com 
Steven Schwartz, Director
1st Source Information Specialists, Inc.
7361 Granville Drive
Tamarac, FL 33321  

Philip L. Schwartz
Law Offices of Philip L. Schwartz
2000 Glades Road, Suite 208
Boca Raton, FL 33431
RE: EB-05-TC-059

Re: EB-05-TC-059

Dear Mr. Schwartz:

     This is an official CITATION, issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the 
Communications Act or Act), 47 U.S.C.  503(b)(5), for failing to 
comply with an order issued by the Federal Communications 
Commission requiring the production of documents and information.  
As explained below, continuing refusal to comply with the 
Commission's order requiring the production of documents and 
information may subject your company to monetary forfeitures.

     On November 9, 2005, you received a subpoena issued by the 
Enforcement Bureau of the Federal Communications Commission.1  
The subpoena, issued pursuant to the authority set forth in 
Sections 151 and 409 of the Communications Act, concerned call 
detail and other customer proprietary network information that 
LocateCell.com may be obtaining from telecommunications 
providers, in apparent violation of section 222 of the 
Communications Act of 1934, as amended (``the Act''), 47 U.S.C.  
222 and section 64.2009 of the Commission's rules, 47 C.F.R.  
64.2009.  The subpoena required you to produce information and 
documents responsive to twelve specific requests within 10 days 
of service of the subpoena.  

     On December 16, 2005, your counsel provided a partial 
response to several of the questions contained in the subpoena 
and indicated that you would provide additional responses to 
other questions the week of December 26, 2005.  To date, we have 
not received any responses to questions 6-12 of the subpoena.  
Accordingly, you have failed to comply with an order of the 
Commission.  Therefore, we issue this Citation.  

     Section 503(b)(1) of the Communications Act provides in 
pertinent part that ``[a]ny person who is determined by the 
Commission . . . to have . . . willfully or repeatedly failed to 
comply with any of the provisions of this Act or of any . . . 
order issued by the Commission under this Act . . . shall be 
liable to the United States for a forfeiture penalty.''2  Section 
503(b)(5) of the Act further provides that:

          No forfeiture liability shall be determined under 
          this subsection against any person, if such person 
          does not hold a license, permit, certificate, or 
          other authorization issued by the Commission, and 
          if such person is not an applicant for a license, 
          permit, certification, or other authorization 
          issued by the Commission, unless, prior to the 
          notice required by paragraph (3) of this 
          subsection or the notice of apparent liability 
          required by paragraph (4) of this subsection, such 
          person (A) is sent a citation of the violation 
          charged; (B) is given a reasonable opportunity for 
          a personal interview with an official of the 
          Commission, at the field office of the Commission 
          which is nearest to such person's place of 
          residence; and (C) subsequently engages in conduct 
          of the type described in such citation.3

This Citation satisfies the requirements set forth above in 
Section 503(b)(5) of the Act.

     If, after receipt of this Citation, you continue to refuse 
to comply with the Commission's orders 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, up to a maximum of $97,500 for a continuing 
violation.4  In addition, as indicated in the subpoena, failure 
to comply with the subpoena may lead to a contempt citation by a 
United States District Court judge and may subject you to a 
misdemeanor charge, which, on conviction, may also subject you to 
a fine or imprisonment or both.  
 
     You are hereby directed again to provide full and complete 
responses to the inquiries contained in the subpoena served on 
you on November 9, 2005.  You must provide complete responses no 
later than 7 calendar days from receipt of this Citation.  
Responses should be directed to the individual identified below:  

                   Ms. Donna Cyrus, Senior Attorney Advisor
                   Room 4-A164
                   Federal Communications Commission
                   445 12th Street SW
                   Washington, D.C. 20554

Reference EB-05-TC-059 when corresponding with the Commission.

     In addition, you may request a personal interview at the 
Commission's Field Office nearest to your place of business.  Any 
request for an interview, however, in no way alleviates your 
obligation to provide full and complete responses to each of the 
inquiries contained in the subpoena.  The nearest Commission 
field office appears to be the Tampa, Florida office - 2203 N. 
Lois Avenue, Room 1215, Tampa, Florida 33607.  Please call Byron 
McCoy at 202-418-1634 if you wish to schedule a personal 
interview.   You should schedule any interview to take place 
within 7 days of the date of this letter.  

     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 fcc504@fcc.gov 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 
rules.  

     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.

                         Sincerely, 


                         Colleen Heitkamp
                         Chief, Telecommunications Consumers 
                         Division
                         Enforcement Bureau
                         Federal Communications Commission

Enclosures
     



_________________________

1 Copies of the subpoena and cover letter are attached.
2 47 U.S.C.  503(b)(1).
3 47 U.S.C.  503(b)(5).
4 See 47 C.F.R.  1.80(b)(3).