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July 11, 2006
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED,
FACSIMILE AND EMAIL
Russell W. Mace, III Esquire
The Law Offices of Russell Mace, P.A.
1210 Washington Avenue, Suite 220
Miami Beach, Florida 33139
Abreu Investigations, Inc. and/or
Mr. Mitch Abreu
7878 W. Flagler Street
Miami, Florida 33144
Dear Mr. Mace, III and Mr. Abreu:
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. S 503(b)(5), for failing to comply with an order issued
by the Federal Communications Commission (the "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
On January 31, 2006, you received a subpoena issued by the Enforcement
Bureau of the Federal Communications Commission via hand-delivery. 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 Onlinepi.com may be obtaining from
telecommunications providers, in apparent violation of section 222 of the
Act, 47 U.S.C. S 222 and section 64.2009 of the Commission's rules, 47
C.F.R. S 64.2009. The subpoena required you to produce information and
documents responsive to twelve specific requests within 10 days of service
of the subpoena. You requested two extensions of time in which to respond,
and we granted both requests, extending the response date to February 21,
To date, we have not received any responses to the subpoena from you.
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." 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.
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. 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
You are hereby directed again to provide full and complete responses to
the inquiries contained in the subpoena served on you on January 31, 2006.
You must provide complete responses no later than 7 calendar days from
receipt of this Citation. Responses should be directed to the individual
Federal Communications Commission
445 12^th Street SW
Washington, D.C. 20554
Reference EB-06-TC-040 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 Miami Office, Miami,
Florida. 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 email@example.com 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,
format): 202-418-0531 (voice), 202-418-7365 (tty).
Under the Privacy Act of 1974, 5 U.S.C. S 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
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. S 1001.
Thank you in advance for your anticipated cooperation.
Kris A. Monteith
Chief, Enforcement Bureau
Copies of the subpoena and cover letter are attached.
47 U.S.C. S 503(b)(1).
47 U.S.C. S 503(b)(5).
See 47 C.F.R. S 1.80(b)(3).
(...continued from previous page)
Federal Communications Commission DA 06-1431
Federal Communications Commission DA 06-1431
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554