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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
Tri-Star Marketing, Inc.         )    File No. EB-00-TC-009
Forfeiture Order                 )    NAL/Acct. No. X3217-005

                        FORFEITURE ORDER

   Adopted:  October 17, 2000           Released:   October   23, 


By the Commission:

     1.    In this Order, we  issue a monetary forfeiture in  the 
amount of $47,000 against Tri-Star Marketing, Inc. (Tri-Star) for 
willfully or  repeatedly violating  section 227(b)(1)(C)  of  the 
Communications  Act   of  1934,   as  amended   (Act),  and   the 
Commission's rules  and  orders.  1   Tri-Star  sent  unsolicited 
advertisements to telephone facsimile machines on eight  separate 

     2.    On  July  12,  1999, the  Commission  staff  issued  a 
citation to Tri-Star pursuant  to section 503  of the Act.2   The 
staff cited Tri-Star  for allegedly using  a telephone  facsimile 
machine,  computer,   or  other   device  to   send   unsolicited 
advertisements  to  another   telephone  facsimile  machine,   in 
violation of section 227  of the Act  and the Commission's  rules 
and orders.   Despite  the  citation's  warning  that  subsequent 
violations  could   result   in  the   imposition   of   monetary 
forfeitures, the  Commission  received several  consumer  letters 
stating that Tri-Star  had continued  to engage  in such  conduct 
after receiving the citation.3  On June 22, 2000, the  Commission 
issued a  Notice  of  Apparent  Liability  for  Forfeiture  (NAL) 
against Tri-Star that  proposed a forfeiture  amount of   $47,000 
for  eight  apparent  violations.4   Although  Commission   rules 
provide that a cited party must either respond to the NAL or  pay 
the full  amount of  the proposed  forfeiture within  30 days  of 
issuance of an NAL,5 Tri-Star failed to respond to an NAL or  pay 
the  proposed  forfeiture   amount.  Therefore,   based  on   the 
information before  us, we  affirm this  forfeiture in  the  full 
amount proposed in the NAL.  

     3.     Accordingly,  IT  IS  ORDERED,  pursuant  to  section 
503(b)(5) of  the Act,  as amended,  47 U.S.C.   503(b)(5),  and 
section 1.80 of the  Commission's rules, 47  C.F.R.  1.80,  that 
the amount  of  $47,000 for  willful  or repeated  violations  of 
section 227(b)(1)(C)  of  the  Act,  47  U.S.C.    227(b)(1)(C), 
sections 64.1200(a)(3)  and  64.1200(f)(5)  of  the  Commission's 
rules, 47 C.F.R.  64.1200(a)(3), 64.1200(f)(5), and the related 
     4.   Payment of the forfeiture  shall be made in the  manner 
provided for in Section 1.80 of the Commission's Rules within  30 
days of the  release of this  Order.6  If the  forfeiture is  not 
paid within the period specified, the case may be referred to the 
Department of Justice for  collection pursuant to section  504(a) 
of the Act.7   Payment may  be made  by credit  card through  the 
Commission's Credit and Debt Management Center at (202)  418-1995 
or by mailing a check or similar instrument, payable to the order 
of  the  Federal  Communications   Commission,  to  the   Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  The payment should note the NAL/Acct. No. referenced 
above. Requests for full payment under an installment plan should 
be sent to: Chief,  Credit and Debt  Management Center, FCC,  445 
12th Street, S.W., Washington, D.C. 20554. 

     5.   IT IS FURTHER  ORDERED that a  copy of this  Forfeiture 
Order SHALL BE SENT by certified mail to Dary Riedlinger,  Owner, 
Tri-Star  Marketing,  Inc.,  2906  &  2910  Hoyt  Ave.,  Everett, 
Washington 98201.


                         Magalie Roman Salas


1    See 47 U.S.C.   227(b)(1)(C); 47  C.F.R.   64.1200(a)(3); 
see  also  Rules  and  Regulations  Implementing  the  Telephone 
Consumer Protection Act  of 1991,  Report and Order,  7 FCC  Rcd 
8752, 8779,  54  (1995)  (TCPA Report and Order) (stating  that 
Section 227 of the Act prohibits the use of telephone  facsimile 
machines to send unsolicited advertisements).   

2    See 47 U.S.C.   503(b)(5) (authorizing  the Commission  to 
issue citations to non-common carriers for violations of the Act 
or of the Commission's rules and orders).    

3    See Tri-Star Marketing, Inc., Notice of Apparent  Liability 
For Forfeiture, FCC 00-219 (released June 22, 2000).

4    The Commission assessed  a forfeiture amount  of $4,500  to 
each of  six of  the  apparent violations  and $10,000  for  the 
remaining two  apparent violations.   The Commission  determined 
that the remaining  two violations justified  a higher  proposed 
forfeiture because  Tri-Star  had apparently  faxed  unsolicited 
advertisements to consumers after they had explicitly asked Tri-
Star to cease doing so.

5    47 C.F.R.  1.80.

6    47 C.F.R.  1.80(f)(4).

7    47 U.S.C.  504(a).