Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                  June 1, 2007



   Jeff Maher

   Alliance Healthcare LLC

   3023 Bunker Hill Street, Suite 102

   San Diego, CA 92109

   Michael Starkman

   Alliance Healthcare LLC

   3023 Bunker Hill Street, Suite 102

   San Diego, CA 92109

   Re: File No. EB-07-TC-3663

   Dear Mr. Maher and Mr. Starkman:

   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.
   S: 503(b)(5), for violations of the Federal Communications Commission's
   rules that govern telephone solicitations and unsolicited advertisements.
   As explained below, you may appeal this citation. In addition, future
   violations of the Commission's rules in this regard may subject you and
   your company to monetary forfeitures.

   Attached is a consumer complaint regarding telephone solicitations that
   your company, or an entity acting on behalf of your company, made to
   residential telephone lines before 8:00 a.m. or after 9:00 p.m. This
   complaint indicates that your company, acting under your direction, has
   violated the Commission's time-of-day requirements regarding telephone
   solicitations. See 47 C.F.R. S: 64.1200(c)(1).

   Section 64.1200(c)(1) of the Commission's rules generally prohibits the
   delivery of telephone solicitations to residential telephone numbers
   "before the hour of 8 a.m. or after 9 p.m. (local time at the called
   party's locations)." Under the Communications Act and the Commission's
   rules, a "telephone solicitation" is "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." Calls made by or on behalf of tax-exempt nonprofit groups are not
   considered to be telephone solicitations. Similarly, calls that are made
   to a person who either has provided prior express invitation or permission
   to call or has an established business relationship with the caller are
   not considered to be telephone solicitations.

   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.

   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. You
   may use this response to appeal this citation. For example, you may claim
   that your calls do not fit the definition of "telephone solicitation"
   described above. In addition, 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.

   You may schedule a personal interview at the nearest Commission field
   office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
   IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
   Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
   Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call 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 Division

   Enforcement Bureau

   Federal Communications Commission

   445-12th Street, S.W., Rm. 4-C222

   Washington, D.C. 20554

   Reference File No. EB-07-TC-3663 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. 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
   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. S: 1001.

   Thank you in advance for your anticipated cooperation.


   Kurt A. Schroeder

   Deputy Chief, Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission


   47 C.F.R. S: 64.1200. A copy of these rules is enclosed for your

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

   An "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." 47
   C.F.R. S: 64.1200(f)(3). The established business relationship exception
   does not apply when a telephone subscriber has made a company-specific
   do-not-call request. A company-specific do-not-call request terminates an
   established business relationship for telemarketing purposes even if the
   requester continues to do business with the company. 47 C.F.R.

   S: 64.1200(f)(3)(i); see also Rules and Regulations Implementing the
   Telephone Consumer Protection Act of 1991, Report and Order, 7 FCC Rcd
   8752, 8766 n.47, 8770 n.63 (1992); see also H.R. Rep. 102-317, 1st Sess.,
   102nd Cong. at 15 (1991); Charvat v. Dispatch Consumer Services, Inc., 95
   Ohio St. 3d 505, 769 N.E.2d 829 (2002).

   See 47 C.F.R. S: 1.80(b)(3).

   See 47 C.F.R. S: 64.1200(f)(9) (exceptions to definition of "telephone



   Federal Communications Commission


                            WASHINGTON, D.C.  20554