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July 20, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: James Siemboski, President
5940 S. Rainbow Blvd. Ste. 2007
Las Vegas, NV 89118
805 Cauvle DR
Rockwell, TX 75087
Re: File No. EB-07-TC-8649
Dear Mr. Siemboski:
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.
Under Section 227(b)(1)(A) of the Act and section 64.1200(a)(1) of the
Commission's rules, it is unlawful for any person within the United
States, or any person outside the United States if the recipient is within
the United States to initiate calls using an automatic telephone dialing
system or an artificial or prerecorded voice to (1) any emergency
telephone line, (2) the telephone line of any guest or patient room at a
health care facility, or (3) any telephone number assigned to a paging
service, cellular telephone service or any service for which the called
party is charged for the call. The provisions provide exceptions when the
call is made (1) for emergency purposes, or (2) with the prior express
consent of the called party.
Attached are consumer complaints regarding autodialed, prerecorded, or
artificial voice messages that your company, acting under your direction,
has delivered to an emergency telephone line, a telephone line of a guest
or patient room at a health care facility, or a telephone number assigned
to a paging service, cellular telephone service or any service for which
the called party is charged for the call. These complaints indicate that
you and your company have violated section 227(b)(1)(A) of the Act and
section 64.1200(a)(1) of the Commission's rules. See 47 U.S.C. S:
227(b)(1)(A); 47 C.F.R. S: 64.1200(a)(1).
Separately, 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
Attached are consumer complaints 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. These
complaints indicate 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).
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
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
Telecommunications Consumers Division
Federal Communications Commission
445-12th Street, S.W., Rm. 4-C222
Washington, D.C. 20554
Reference File No. EB-07-TC-8649 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 firstname.lastname@example.org 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.
Kurt A. Schroeder
Deputy Chief, Telecommunications Consumers Division
Federal Communications Commission
47 C.F.R. S: 64.1200. A copy of these rules is enclosed for your
The term "automatic telephone dialing system" means "equipment which has
the capacity to store or produce telephone numbers to be called, using a
random or sequential number generator, and to dial such numbers." 47
U.S.C. S: 227(a)(1); 47 C.F.R. S: 64.1200(f)(1).
47 U.S.C. S: 227(b)(1)(A)(i) - (iii); 47 C.F.R. S: 64.1200(a)(1)(i) -
47 U.S.C. S: 227(b)(1)(A); 47 C.F.R. S: 64.1200(a)(1).
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
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554