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

In the Matter of                 )
Carolina Liquidators, Inc.       )    File No. EB-00-TC-010
Forfeiture Order                 )    NAL/Acct. No. X3217-007

                        FORFEITURE ORDER

   Adopted:  October 31, 2000           Released:   November   2, 


By the Commission:

     1.    In this Order, we  issue a monetary forfeiture in  the 
amount of $230,000 against  Carolina Liquidators, Inc.  (Carolina 
Liquidators)  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   Carolina  Liquidators 
sent unsolicited advertisements  to telephone facsimile  machines 
on 34 separate occasions.

     2.    On  July  12,  1999, the  Commission  staff  issued  a 
citation to Carolina Liquidators pursuant  to section 503 of  the 
Act.2  The staff cited Carolina Liquidators for using a telephone 
facsimile machine, computer, or other device to send  unsolicited 
advertisements to a 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   Carolina 
Liquidators  had  continued  to  engage  in  such  conduct  after 
receiving the citation.3  On July 25, 2000, the Commission issued 
a Notice  of  Apparent  Liability for  Forfeiture  (NAL)  against 
Carolina  Liquidators  that  proposed  a  forfeiture  amount   of  
$230,000 for 34 apparent  violations.  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,4 Carolina Liquidators  failed to respond  to 
the 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 
Carolina Liquidators, Inc. IS LIABLE FOR A MONETARY FORFEITURE in 
the amount  of $230,000  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.5  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.6  Payment may be made to the Commission's Credit  and 
Debt Management Center 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 Mr. Cory Pierce,  Owner, 
Carolina Liquidators, Inc., 2722 West Irving Blvd., Irving, Texas 


                         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  Carolina   Liquidators,  Inc.,   Notice  of   Apparent 
Liability For Forfeiture, FCC 00-263 (released July 25, 2000).

4    47 C.F.R.  1.80.

5    47 C.F.R.  1.80(f)(4).

6    47 U.S.C.  504(a).