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                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554

In the Matter of                   )
                              )    File No. EB-02-TC-120
Fax.com, Inc.                                )    NAL/Acct. No. 
200232170004
                              )    FRN 0007-2970-47
Apparent Liability for Forfeiture       )                        


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  August 2, 2002                    Released:  August 7, 
                              2002 

By the Commission:  Commissioner Abernathy issuing a statement.

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(NAL), we find that Fax.com, Inc. (Fax.com)1 apparently willfully 
or repeatedly violated section 227  of the Communications Act  of 
1934, as amended (Act),2 and  the Commission's rules and  orders, 
by sending  unsolicited  advertisements  to  telephone  facsimile 
machines on  489 separate  occasions.3  Based  on the  facts  and 
circumstances surrounding these apparent violations, we find that 
Fax.com is  apparently liable  for forfeiture  in the  amount  of 
$5,379,000.4

                         II.  BACKGROUND

     2.   Fax.com characterizes itself as a ``fax  broadcaster,'' 
transmitting messages to telephone  facsimile machines on  behalf 
of other entities for a  fee.  According to its website,  Fax.com 
specializes  in  transmitting  its  clients'  advertisements   to 
telephone facsimile machines whose  numbers are contained in  the 
Fax.com database, which it touts as ``the industry's largest  fax 
number database.''5  In its  promotional materials, Fax.com  also 
offers to design or improve its clients' advertising copy.6   The 
unsolicited facsimile advertisements that are the subject of this 
NAL are  the product  of Fax.com's  fax broadcasting  enterprise.  
With the exception  of one  message,7 the  advertisements do  not 
promote products,  goods, or  services provided  by Fax.com  but, 
instead, promote a wide variety  of products, goods, or  services 
offered by numerous entities that  have employed Fax.com to  send 
their advertisements to telephone facsimile machines.
     3.   In  December  2000  and   May  2001,  after   receiving 
correspondence from consumers  who complained  about having  been 
faxed  unsolicited  advertisements  on  behalf  of  six   Fax.com 
clients,  the  Commission  staff  issued  citations  to  Fax.com8 
pursuant to  section  503(b)(5) of  the  Act.9  The  staff  cited 
Fax.com for allegedly violating  section 227(b)(1)(C) of the  Act 
andsection   64.1200(a)(3)   of   the   Commission's   rules   by 
transmitting unsolicited advertisements  to consumers'  telephone 
facsimile machines on behalf of the six clients.10  The citations 
noted that

     although  entities  that   merely  transmit   facsimile 
     messages  on  behalf  of  others  are  not  liable  for 
     compliance with the  prohibition on faxing  unsolicited 
     advertisements, the exemption  from liability does  not 
     exist when a  fax transmitter has  ``'a high degree  of 
     involvement or  actual notice  of  an illegal  use  and 
     [has]  fail[ed]   to  take   steps  to   prevent   such 
     transmissions.''' Accordingly, fax transmitters do  not 
     enjoy an absolute  exemption from  liability under  the 
     TCPA and the Commission's Rules.11

     4.   The citations  informed  Fax.com  that  it  could  face 
monetary forfeitures up to $11,000 for each subsequent  violation 
if Fax.com either (1) was highly involved on behalf of the sender 
of any unsolicited facsimile advertisements, or (2) continued  to 
transmit advertisements for the six named clients without  taking 
steps to ensure that those entities had obtained permission  from 
recipients  to  fax  the  advertisements.   The  citations   also 
directed  Fax.com  to  answer  several  questions  regarding  its 
general practices with respect to its fax broadcasting activities 
and its specific arrangements with the six clients.  Finally, the 
citations informed Fax.com  that within  21 days of  the date  of 
each citation, it  could either request  a personal interview  at 
the  nearest  Commission  field  office,  or  provide  a  written 
statement responding to the citation.
     5.   On January 31, 2001, June  1, 2001, and June 21,  2001, 
Fax.com responded  to  the  citations  with  virtually  identical 
pleadings that were filed  jointly on behalf  of Fax.com and  its 
six cited clients.   In each  instance, Fax.com  and the  clients 
claimed that the prohibition on faxing unsolicited advertisements 
contained  in  section  227  and  the  Commission's  implementing 
regulations is  an  unconstitutional infringement  on  the  First 
Amendment free  speech rights  of  Fax.com and  its  advertisers.  
Fax.com also addressed  the staff's questions  regarding its  fax 
broadcasting operations.  In  that regard,  Fax.com claimed  that 
although it offers  clients ``advice and  assistance relative  to 
graphics presentations,''  it  had not  exercised  any  editorial 
control over any of the advertisements that were at issue in  the 
six citations.12  Nonetheless, Fax.comemphasized that it  retains 
discretion to  refuse  to  transmit any  advertisement  it  deems 
``offensive or misleading.''13  Fax.com stated  that it  provided 
the  fax  distribution  lists  for  each  of  six  clients  whose 
advertisements  were   addressed  by   the  citations.    Fax.com 
explained that it  compiles its database  of telephone  facsimile 
numbers by (1) purchasing lists  of fax numbers from  independent 
vendors, (2) identifying fax  numbers ``through its own  research 
methods,'' and (3) recording fax numbers provided by  individuals 
who have asked, through an  automated process, to be included  in 
Fax.com's database.   With  respect to  the  telephone  facsimile 
numbers obtained from independent vendors and Fax.com's  research 
efforts, Fax.com  conceded that  it ``has  historically taken  no 
steps    to    verify    consent    or    established    business 
relationships.''14 Fax.com  stated  that it  ``routinely''  sends 
what it characterizes as  a ``non-commercial'' message  regarding 
missing children to each number added to the Fax.com  database.15  
Entitled  ``Your  Permission   Please,''  the  message   ``asks'' 
recipients to  agree to  receive  from Fax.com  alerts  regarding 
missing children.  The message states  that ``to help offset  the 
cost' of the missing children alerts, Fax.com will also send  ``a 
limited amount of commercial paid advertising'' not to exceed one 
fax per week.  The message  instructs recipients who do not  wish 
to receive  the  alerts or  advertisements  to call  a  toll-free 
``opt-out'' number.   Finally, Fax.com  emphasized that  it  only 
transmits advertisements that contain such an opt-out number that 
fax recipients may call  if they do not  wish to receive  similar 
advertisements in the future.16 

     6.   Following Fax.com's receipt  of the staff's  citations, 
the Commission has continued to receive information from numerous 
consumers indicating  that Fax.com  is still  conducting its  fax 
broadcasting activities  in  a manner  that  apparently  violates 
section 227(b)(1)(C) of the Act and section 64.1200(a)(3) of  the 
rules.  The forfeiture proposed herein  is based on this body  of 
consumer information, which alleges that after Fax.com's  receipt 
of the  staff's  citations,  consumers  continued  to  receive  a 
variety of unsolicited facsimile advertisements, all traceable to 
Fax.com.

     7.   Table 1,  ``Unsolicited Advertisements  Transmitted  by 
Fax.com and  Subject to  Forfeiture  Pursuant to  FCC   02-226,'' 
lists 489 unsolicited fax advertisements  that form the basis  of 
this NAL.17  Although only  one of these advertisements  mentions 
Fax.com in any  way, some  consumers were able  to discover  that 
Fax.com had transmitted  the ads. By  obtaining information  that 
identifies Fax.com  as  the  telephone  subscriber  for  (1)  the 
various toll-free opt-out telephone numbers that are displayed on 
each advertisement, and/or  (2) the  telephone facsimile  machine 
numbers from which  various advertisements were  sent, which  are 
displayed in  the  advertisements' fax  headers,  the  Commission 
staff has confirmed that  Fax.com sent each advertisement  listed 
in Table 1.

     8.   Nine consumers have  provided information showing  that 
they   each   received   over   20   unsolicited   and   unwanted 
advertisements that were transmitted by Fax.com clients on behalf 
of its  clients.18   The  remaining 36  consumers  have  provided 
between one and 16 unsolicited fax ads each.19  Each consumer who 
has provided  information regarding  the  fax messages  at  issue 
herein has  signed  a  declaration,  under  penalty  of  perjury, 
attesting  that  he  or  she  (1)  is  either  the  owner  of  or 
responsible for the telephone facsimile machine that received the 
advertisement(s);  (2)  did  not  have  an  established  business 
relationship with either  Fax.com or the  entity whose  products, 
goods, or services were being  advertised; and (3) did not  grant 
prior express  permission  or  invitation for  the  faxes  to  be 
sent.20 
     9.   Consumer complaints about the faxes offer a snapshot of 
the disruption, expense,  and inconvenience  caused by  Fax.com's 
unwanted fax  transmissions.21  For  instance, several  consumers 
describe being awakened very late at night or in the early  hours 
of the morning by  the noise of their  fax machines receiving  an 
unsolicited  advertisement  from  a  Fax.com  client.22   Another 
consumer, Elkins Cox, describes the expense and inconvenience  of 
receiving Fax.com's unwanted transmission  on an older  telephone 
facsimile machine and states that he  has chosen to turn off  his 
machine  rather  than  deal   with  the  stream  of   unsolicited 
advertisements.23   Robert   McMeekin,  M.D.,   complains   about 
receiving  unsolicited   advertisements  on   a  line   that   is 
reservedfor the receipt of  patient medical data, and  emphasizes 
the serious disruption  to patient care  caused by such  unwanted 
faxes.24  

     10.  Some consumers complain about unsuccessful attempts  to 
remove their telephone facsimile  machine numbers from  Fax.com's 
database and describe frustration  with Fax.com's automated  opt-
out  lines,  which  do  not   identify  Fax.com  as  the   entity 
responsible for  the  fax  number  database.25   Fax.com  is  not 
identified on its clients' advertisements and similarly, in  many 
cases, the advertiser  itself is unnamed.26   In such  instances, 
consumers describe  difficulties in  ascertaining the  entity  to 
which they should direct a complaint about receipt of the  faxes.  
Some consumers who were able to contact either the advertiser  or 
Fax.com    report     that    they     encountered     hostility, 
misrepresentation, and  unresponsiveness.   For  example,  Andrew 
Hansis has asked the  Commission to take  action with respect  to 
two unsolicited  advertisements  he  received  in  October  2001, 
neither of which identified the  company whose service was  being 
advertised.27  With  respect  to  the  first  advertisement,  Mr. 
Hansis states that he called the telephone number provided on the 
advertisement for service orders and was provided with a name and 
telephone number  of a  ``responsible individual''  with whom  he 
could   discuss    the    unsolicited    advertisement.     After 
unsuccessfully attempting to  reach this  individual, Mr.  Hansis 
reports he  received a  telephone call  from Charles  Martin,  an 
employee of Fax.com.  According to  Mr. Hansis, Mr. Martin  ``was 
unwilling to tell me the source  of how the number was placed  in 
the database,  only  that it  was  `called in'''  at  an  earlier 
date.28 

                      III.      DISCUSSION

     11.  Section 227(b)(1)(C) of  the Act  prohibits any  person 
from using ``a  telephone facsimile machine,  computer, or  other 
device to  send  an  unsolicited  advertisement  to  a  telephone 
facsimile machine.''29 An unsolicited advertisement is defined as 
``any material advertising the commercial availability or quality 
of any property, goods, or  services which is transmitted to  any 
person  without  that  person's   prior  express  invitation   or 
permission.''30   The   Commission   has   determined   that   an 
established  business  relationship  between  a  fax  sender  and 
recipient demonstrates  consent  to receive  telephone  facsimile 
advertisement  transmissions.31    The   mere   distribution   or 
publication of a  telephone facsimile number,  however, does  not 
confer invitation or permission  to transmit advertisements to  a 
particular telephone facsimile machine.32 

A.   Constitutional Issue.

     12.  Fax.com and its client advertisers have argued that the 
broad prohibition on sending unsolicited facsimile advertisements 
violates their  constitutional right  to free  speech  guaranteed 
under  the  First  Amendment.   Federal  courts  have  previously 
considered similar arguments.  For example, the Court of  Appeals 
for the Ninth Circuit, where  Fax.com is located, has  determined 
that the TCPA does not  violate the First Amendment's  protection 
of commercial speech.33    Moreover, administrative agencies  are 
to presume  that  the  statutes that  Congress  directs  them  to 
implement are constitutional.34  Accordingly, we reject Fax.com's 
arguments in this regard.

B.   Fax.com's Liability Under  47 U.S.C. §  227(b)(1)(C) and  47 
     C.F.R. § 64.1200(a)(3).

     13.  Because of  the nature  of its  operations, Fax.com  is 
liable for  violations of  section 227(b)(1)(C)  of the  Act  and 
section 64.1200(a)(3) of our rules even though it generally  acts 
on behalf of other parties in sending unsolicited  advertisements 
to telephone facsimile  machines.  The Commission  has held  that 
the prohibition on  sending unsolicited  fax advertisements  does 
not apply to fax broadcasters  that operate like common  carriers 
by  merely   transmitting  their   customers'  messages   without 
determining either content  or destination.35    In finding  that 
such entities are  not liable under  section 227(b)(1)(C) of  the 
Act or section  64.1200(a)(3) of  the rules,  the Commission  has 
focused on the  nature of  an entity's activity  rather than  any 
label that that entity may claim.  Specifically, the Commission's 
rulings clearly indicate that a fax broadcaster's exemption  from 
liability is based on the  type of activities it undertakes,  and 
only exists ``[i]n the absence  of `a high degree of  involvement 
or actual notice of  an illegal use and  failure to prevent  such 
transmissions.'''36  Regardless of whether Fax.com  characterizes 
itself as a disinterested fax  broadcaster, it is clear that  the 
company's activities place  it outside the  exempted category  of 
fax broadcasting applied by Commission and render it a fax sender 
within the meaning of section 227(b)(1)(C).

     14.  The record here clearly  establishes that Fax.com  uses 
its  own  extensive  distribution  list  of  telephone  facsimile 
numbers  to  send  its  clients'  advertisements,  and  that   it 
knowingly sends advertisements to such numbers without regard  to 
whether the facsimile machine  owner or responsible party  either 
granted  permission  to   send  the  advertisement   or  had   an 
established  business   relationship  with   the  advertiser   or 
Fax.com.37  In addition, Fax.com  apparently reviews the text  of 
its clients'  advertisements, not  only  to assist  with  graphic 
design,38 but also to assess  content.39   Such conduct is  clear 
evidence of Fax.com's high degree of involvement in the  unlawful 
activity.  Moreover, the staff's citations provided Fax.com  with 
actual notice that its fax broadcasting activities do not  comply 
with federal law. 

C.   Violations Evidenced by the Consumer Correspondence.

     15.  As an  initial matter,  the  staff has  reviewed  every 
facsimile that forms the basis for this NAL to confirm that  each 
message advertises the  commercial availability or  quality of  a 
product, good or service and, thus, constitutes an  advertisement 
as set  forth  by  section  227(a)(4)  of  the  Act  and  section 
64.1200(f)(5) of our rules.40  Further, the record indicates that 
the consumers at issue neither granted express permission to send 
the advertisements nor had  an established business  relationship 
with  either  Fax.com  or  the  entities  on  whose  behalf   the 
advertisements were faxed.41   In light of  this information,  we 
conclude  that  the  489  faxes  detailed  in  Table  1  all  are 
unsolicited  advertisements  and,  thus,  violate  the  statutory 
prohibition on faxing such materials. 

D.   Forfeiture Amount.

     16.  As set forth above, we conclude that Fax.com apparently 
willfully or  repeatedly violated  the Act  and the  Commission's 
rules  and  orders  by  using  a  telephone  facsimile   machine, 
computer, or other device  to send unsolicited advertisements  to 
telephone facsimile machines.  Fax.com  apparently did not  cease 
its unlawful  conduct  even  after the  Commission  staff  issued 
citations warning that  it was engaging  in unlawful conduct  and 
could  be  subject   to  monetary   forfeitures  for   subsequent 
violations.  Accordingly,  a  proposed  forfeiture  is  warranted 
against Fax.com for its  apparent willful or repeated  violations 
of the ban on  unsolicited facsimile advertisements contained  in 
section 227 of the Act and the Commission's rules and orders.   

     17.  Section 503(b) of the Act authorizes the Commission  to 
assess a forfeiture of  up to $11,000 for  each violation of  the 
Act or of any rule, regulation, or order issued by the Commission 
under the  Act  by  a  non-common carrier  or  other  entity  not 
specifically  designated  in  section  503  of  the  Act.42    In 
exercising such  authority, we  are to  take into  account  ``the 
nature, circumstances, extent, and gravity of the violation  and, 
with respect  to the  violator, the  degree of  culpability,  any 
history of prior offenses, ability to pay, and such other matters 
as justice may require.''43

     18.  Although the Commission's  Forfeiture Policy  Statement 
does not establish  a base  forfeiture amount  for violating  the 
prohibition on sending unsolicited advertisements to a  telephone 
facsimile machine,  we  have  previously  considered  $4,500  per 
unsolicited fax advertisement  as an  appropriate base  amount.44  
In addition, we have previously  assessed a higher forfeiture  of 
$10,000 per unsolicited fax  advertisement in instances in  which 
the fax recipient had previously asked the sender to refrain from 
faxing such materials.45

     19.  In the  instant  case,  we  believe  that  the  maximum 
forfeiture amount of $11,000 per violation is warranted for  each 
unsolicited advertisement transmitted  by Fax.com and  documented 
by the consumer correspondence.  It  is clear from Fax.com's  own 
promotional materials  and its  responses to  our citations  that 
Fax.com's  primary   business  activity   itself  constitutes   a 
massive46 on-going violation of  section 227(b)(1)(C) of the  Act 
and section  64.1200(a)(3) of  the Commission's  rules, and  that 
Fax.com is well aware of this fact.  Fax.com's primary commercial 
offering is  a fax  broadcasting service  that clearly  does  not 
comply   with    federal   restrictions    governing    facsimile 
advertisements.  As outlined above, by  its own admission and  as 
demonstrated  by  the  consumer  information,  Fax.com  generally 
conducts its fax broadcasting without  any regard to whether  the 
fax recipient  has  an  established  business  relationship  with 
either Fax.com  or  the  advertiser,  or  has  otherwise  granted 
express permission for the advertisement to be sent.  We conclude 
that this  unlawful undertaking  merits maximum  forfeitures  for 
each of the violations at  issue here.  Although we believe  that 
the nature of Fax.com's enterprise by itself warrants  imposition 
of a maximum forfeiture for each violation, we discuss below  the 
particularly egregious aspects of Fax.com's conduct. 

     20.  Fax.com's Actions  with  Respect to  Private  Suits  to 
Enforce Section  227.  We  are  especially concerned  because  it 
appears that  Fax.com has  acted  in a  manner that  thwarts  the 
unique statutory enforcement mechanism established by section 227 
of the Act.  Under the  statute, the Commission, state  attorneys 
general, or aggrieved consumers  may initiate actions to  enforce 
certain prohibitions and restrictions contained in section 227 of 
the Act,  including the  prohibition on  sending unsolicited  fax 
advertisements.    Section   227(b)(3)   affords   consumers   an 
opportunity  to  initiate  actions  in  state  courts  to  enjoin 
violations of, inter alia, the prohibition on faxing  unsolicited 
advertisements, and/or  to  recover  damages  equivalent  to  the 
actual monetary loss caused by such violations or $500, whichever 
is greater,  for each  violation.  Damages  may be  trebled if  a 
court determines that the violation was ``willful and  knowing.''  
As we  describe  below, Fax.com  appears  to have  engaged  in  a 
pattern of deception and intimidation to conceal its  involvement 
in sending prohibited faxes47 and to frustrate consumers' efforts 
to exercise the statutory private right of action. 

     21.  We have obtained evidence that Fax.com employee Charles 
Martin  filed  an  apparently   false  statement  regarding   his 
employment  status  before  a  California  court  considering   a 
consumer's section 227(b)(3)  claim for  damages against  Fax.com 
client American Benefit Mortgage.   In two statements filed  with 
the Los  Angeles  Superior  Court and  signed  under  penalty  of 
perjury,  Mr.   Martin  falsely   identifies  himself   both   as 
``Compliance Manager for American Benefit Mortgage, Inc.'' and as 
``Officer of the Company [American Benefit Mortgage] - Manager of 
Human Resources.''48   Through Mr.  Martin's  false claim  to  be 
employed by  a client,  Fax.com subverts  the judicial  decision-
making process and  skews the statutory  private right of  action 
accorded under section 227  by ensuring that  the court does  not 
have an accurate record upon which to base its decision.    

     22.  We have also  obtained letters, signed  by Mr.  Martin, 
that  were  received  by   consumers  in  response  to   ``demand 
letters''49 that the consumers sent to Fax.com clients seeking to 
obtain monetary  damages  for  unsolicited  advertisements.   Mr. 
Martin's   letters   are   labeled   ``Inadmissible    Settlement 
Communication,'' and state that the consumers that ``fall under . 
. . exceptions  . . .  to receiving facsimile  messages under  47 
U.S.C. Section  227.''50  In  addition,    Mr. Martin  warns  the 
consumers to  expect  countersuits  that  if  they  pursue  their 
private right of action in the state courts where they reside:

     If you pursue this matter in Virginia our company  will 
     seek civil and criminal charges in California.51

     If you think  you have  an action under  the TCPA  then 
     file it in New  Jersey.  I will  then pursue civil  and 
     criminal actions against you in the California Superior 
     Courts.  You can hire local  legal counsel and we  will 
     litigate these matters with a jury trial.52

     If you pursue this matter in Massachusetts we will then 
     file the  appropriate  actions in  California  Superior 
     Court.53  

Mr. Martin does not  identify who ``we''  or ``our company''  is, 
and there is no information on the face of the letters that would 
reveal the identity  of Mr.  Martin's employer  or the  corporate 
entity  he  actually  represents.54    In  two  cases,   however, 
consumers have provided us with  photocopies of the envelopes  in 
which Mr. Martin's  letters arrived.   In each  case, the  return 
address shows the name and address of the individual  advertisers 
to which  the  consumers  directed their  demand  letters.    The 
envelopes also  show a  metered mail  stamp indicating  that  the 
letters were  mailed from  Aliso  Viejo, California  -  Fax.com's 
corporate headquarters - despite the fact that the return address 
was in a different location.55

     23.  Fax.com's letters are troublesome in several  respects.  
First, Fax.com's apparent deception  regarding its authorship  of 
the correspondence appears to  be part of  a concerted effort  to 
discourage  private   enforcement   actions   against   Fax.com's 
individual clients while, at the same time, concealing  Fax.com's 
potential liability for the violations.  In addition, the letters 
go beyond valid legal defenses and misrepresent the  requirements 
of  section  227(b)(1)(C),56  again  in  an  apparent  effort  to 
convince the recipients that they do not have a cause of  action.  
Finally, the letters allude to retaliatory and possible vexatious 
court actions if recipients exercise the private right of  action 
provided by section 227(b)(3).57   Fax.com's obvious attempts  to 
thwart consumers' statutory private right of action threaten  the 
effectiveness of the  unique three-pronged enforcement  mechanism 
that Congress created in section 227.

     24.  Fax.com's Marketing  of Its  Fax Broadcasting  Service.  
The record  indicates  that  Fax.com does  not  disclose  to  its 
clients   the   broad    prohibition   on   faxing    unsolicited 
advertisements imposed by section  227 of the  Act and our  rules 
and orders.   Fax.com's extensive  promotional website  does  not 
mention section 227 at all.   Information on the website  creates 
the erroneous impression  that opt-out numbers  provide the  only 
recourse for consumers  who object to  receiving unsolicited  fax 
advertisements.58  As  indicated  above,  federal  law  does  not 
address opt-out numbers in any way and even the effective use  of 
such numbers in no way mitigates the fact that every  unsolicited 
fax  advertisement  violates  federal  law.59   In  addition   to 
deceiving prospective customers by omitting crucial  information, 
Fax.com  apparently  has  affirmatively  misstated  federal   law 
governing unsolicited  facsimile  advertisements.   One  consumer 
reports a conversation with a Fax.com salesperson:

     I acted hesitant about the legality of the whole thing, 
     but Mr. Horvat assured me  that Fax.com works with  the 
     FCC and  other  agencies  to  act  within  the  Federal 
     Guidelines.  He further stated that Fax.com includes  a 
     federally required `opt-out'  number at  the bottom  of 
     the fax which makes sending the faxes legal.60

In  addition  to  subjecting  consumers  to  greater  numbers  of 
unlawful faxes, Fax.com's deceptive marketing leaves its clients, 
which include small businesses, vulnerable to federal, state, and 
private enforcement actions that may involve substantial monetary 
penalties.   

     25.  Fax.com's Dealings  with the  Commission.  Fax.com  has 
not been forthcoming in  its  dealings with the Commission.   The 
staff's citations  directed Fax.com  to  describe in  detail  its 
involvement in ``providing,  compiling, generating, or  editing'' 
distribution  lists  of  telephone  facsimile  numbers  used   to 
transmit advertisements on behalf of clients.  Specifically,  the 
staff asked

     Does your company employ or compensate any  individuals 
     or entities  outside the  company, including  any  tax-
     exempt  nonprofit  organizations,   for  any   service, 
     activity, assistance, or facilities used in  connection 
     with your company's  providing, compiling,  generating, 
     or  editing  of  such  [distribution]  lists?    Please 
     describe such arrangements in detail.  

Initially, Fax.com suggests that the staff's inquiry  ``appear[s] 
to be  completely irrelevant  and  immaterial to  the  violations 
alleged in  the  Citations.''61   The  Commission,  however,  has 
broad authority and discretion  to investigate conduct under  its 
jurisdiction62 and to ``conduct its proceedings in such manner as 
will best conduce the proper dispatch of business and to the ends 
of justice.''63  Despite  its reservations,  Fax.com  nonetheless 
purports to substantively answer the staff's question,  summarily 
stating that it uses ``its own research methods'' as one means of 
compiling its facsimile number database.64  In addition,  Fax.com 
states,  ``Fax.com  does  not,   to  its  knowledge,  employ   or 
compensate  any   tax-exempt   non  profit   organization(s)   in 
connection with  Fax.com's  business,  including  the  providing, 
compiling, generating  or  editing  of  distribution  list(s)  of 
telephone numbers.''65   By  limiting its  answer  to  tax-exempt 
nonprofit entities,  Fax.com has  failed  to answer  the  staff's 
inquiry, which  clearly sought  information pertaining  to  ``any 
individuals or entities outside  the company, including any  tax-
exempt nonprofit organizations.''66
Despite the staff's warning that the concealment of any  material 
fact is punishable  by fine  or imprisonment,67  Fax.com did  not 
disclose to the Commission its remunerative relationship with  at 
least one individual  who apparently  housed automatic  telephone 
dialing equipment  that  Fax.com  used to  ``war  dial''  massive 
blocks of telephone numbers to determine which numbers belong  to 
telephone facsimile machines.68  

     26.  Maximum Forfeiture Is  Warranted.  Fax.com's  pervasive 
and egregious  pattern of  deception confirms  our  determination 
that  the  maximum  forfeiture  amount  is  warranted  for   each 
violation set forth in Table 1.  The record here shows that  even 
after the staff  notified Fax.com that  its actions violated  the 
Act and the Commission's rules and orders, Fax.com continued  its 
massive unlawful  enterprise.  The  Forfeiture Policy  Guidelines 
provide  for  upward   adjustments  to   the  maximum   statutory 
forfeiture amount in cases such  as this which involve  egregious 
misconduct and  intentional violation.69   Accordingly, based  on 
the nature and  gravity of  Fax.com's conduct  and the  continued 
need to ensure compliance with  section 227(b)(1)(C) of the  Act, 
we find Fax.com apparently  liable in the  amount of $11,000  for 
each of  489  violations.   This  results  in  a  proposed  total 
forfeiture of $5,379,000.  Fax.com shall have the opportunity  to 
submit evidence and  arguments in  response to this  NAL to  show 
that no forfeiture should be  imposed or that some lesser  amount 
should be assessed.70

              IV.  CONCLUSION AND ORDERING CLAUSES

     27.  We have  determined  that Fax.com  apparently  violated 
section 227 of the Act and  the Commission's rules and orders  by 
using a telephone facsimile machine, computer, or other device to 
send the 489 unsolicited advertisements identified in Table 1 and 
discussed above.   We have  further  determined that  Fax.com  is 
apparently liable for forfeitures in the amount of $5,379,000.  

     28.  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 
Fax.com, Inc. IS  HEREBY NOTIFIED  of an  Apparent Liability  for 
Forfeiture in the  amount of $5,379,000  for willful or  repeated 
violations of  section  227(b)(1)(C)  of the  Act,  47  U.S.C.  § 
227(b)(1)(C),  and  section  64.1200(a)(3)  of  the  Commission's 
rules,  47  C.F.R.  §  64.1200(a)(3),  and  the  related   orders 
described in the paragraphs above.

     29.  IT IS FURTHER ORDERED, pursuant to section 1.80 of  the 
Commission's rules, 47  C.F.R. §  1.80, that  within thirty  (30) 
days of the release of this  Notice, Fax.com, Inc. SHALL PAY  the 
full amount of the proposed forfeiture71 OR SHALL FILE a response 
showing why  the proposed  forfeiture should  not be  imposed  or 
should be reduced.

     30.  IT IS FURTHER  ORDERED that  a copy of  this Notice  of 
Apparent Liability for Forfeiture SHALL BE SENT by certified mail 
to Kevin  Katz, President,  Fax.com, Inc.,  120 Columbia  Street, 
Suite 500, Aliso Viejo, California  92656.


                         FEDERAL COMMUNICATIONS COMMISSION


                         Marlene H. Dortch
                                                             Sec-
retary                      SEPARATE STATEMENT OF
                COMMISSIONER KATHLEEN Q. ABERNATHY

     Re:  Fax.com Apparent Liability for Forfeiture, File No. EB-
     02-TC-120, NAL/Acct. No. 200232170004

     I strongly support this Notice of Apparent Liability and 
hope that other fax broadcasters will take notice that the 
Commission will strictly enforce the Telephone Consumer 
Protection Act.  As set forth in detail in the NAL, Fax.com 
appears to have founded its business on the practice of sending 
unsolicited faxes in flagrant violation of the TCPA.  The record 
also suggests that Fax.com deliberately misled consumers 
regarding the company's requirements and consumers' rights under 
the TCPA.  Despite repeated warnings from the Commission and 
numerous consumer complaints, the company appears to have made no 
effort to mend its ways.  As a result, many consumers have been 
harassed in their homes and had their businesses disrupted by 
unwanted fax solicitations ~ and, adding insult to injury, were 
forced to pay for this privilege.  

     This NAL makes clear that the Commission will not tolerate 
such conduct; indeed, we propose to punish Fax.com to the maximum 
extent of our statutory authority.  When I became a Commissioner, 
I pledged to protect consumers by stringently enforcing the 
Communications Act and the Commission's rules.  I am proud that 
the Commission is taking this responsibility seriously and 
sending such a strong signal that companies cannot violate the 
law with impunity.

_________________________

1    Fax.com, Inc. is headquartered at 120 Columbia Street, Suite 
500,  Aliso  Viejo,  California   92656.   According  to  Dun   & 
Bradstreet Business Information Report, Fax.com began  operations 
in 1998.  Fax.com is a closely held corporation whose  president, 
Mr. Kevin Katz,  owns 35%  of the capital  stock.  Value  Capital 
owns 33% of capital stock and Fax.com employees own the remaining 
32% of capital stock.  See Dun & Bradstreet Business  Information 
Report, April 3, 2002.  For purposes of this NAL, we specify that 
Fax.com encompasses  all  affiliated  entities,  successors,  and 
assigns as well as its corporate officers, Mr. Katz, Thomas Roth, 
Jeffrey Dupree, and Eric Wilson.  

2     Section 227 was added to the Communications Act of 1934  by 
the Telephone Consumer Protection Act of 1991, Pub.L 102-243, 105 
Stat. 2394, and is most commonly known as the TCPA.

3    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,  
(1992) (TCPA Report and Order)  (stating that section 227 of  the 
Act prohibits the  use of  telephone facsimile  machines to  send 
unsolicited advertisements).   

4    See 47 U.S.C. § 503(b)(1).  The Commission has the authority 
under this section of the Act to assess a forfeiture against  any 
person who has  ``willfully or repeatedly  failed to comply  with 
any of the provisions of this Act or of any rule, regulation,  or 
order issued by the Commission under this Act . . . .'' 

5    See    http://www/fax.com/Services/faxblast.asp     (website 
accessed May  29,  2002). Fax.com's  website,  copyrighted  2000, 
contains the following additional claims:

     Fax.com is the  only company that  can boast 16  million 
     fax numbers.   With  another  16  million  records  soon 
     available, Fax.com will be the leading place to purchase 
     fresh       fax        broadcasting        data. 
     http://www.fax.com/company_profile/our_business.asp 
     (website accessed May 29, 2002). 

     Broadcast your  advertising  fax  based on  radius,  Zip 
     Codes, Metro  Area,  Area  Code, County,  State  or  the 
     entire U.S. using a database that will exceed 30 million 
     fax  numbers.  http://www.fax.com/Why_use_fax/direct.asp 
     (website accessed May 29, 2002). 

6   See   http://www.fax.com/Consumer_support/FAQs.asp   (website 
accessed May 29, 2002)  (``If you would like,  we can send you  a 
questionnaire about  your company,  consult with  you and  design 
outstanding    fax     broadcast     ads    for     you.''); 
http://www.fax.com?Services/addl_seerv.asp  (website accessed May 
29, 2002) (``Our design department  will work with you to  design 
your fax ad, choose type fonts, create graphics, and develop  the 
ideal fax that will achieve the greatest response.'').

7    See note 40,  infra.

8    Citation letters from Kurt  A. Schroeder, Deputy Chief,  FCC 
Telecommunications Consumers  Division  to  Kevin  Katz,  Fax.com 
President  (Dec.  26,   2000;  May  11,   2001;  May  31,   2001) 
(collectively Fax.com Citations or staff citations).  

9    47  U.S.C.  §  503(b)(5).   Under  section  503(b)(5),   the 
Commission may not assess a forfeiture penalty against any person 
that does  not  hold a  license,  permit, certificate,  or  other 
Commission authorization,  and  is  not  an  applicant  for  such 
instruments, unless ``(A) such person is first issued 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 nearest to the person's  place 
of residence; and (C) subsequently engages in conduct of the type 
described in the citation.''   We note that this section does not 
require the multiple citations  given by the  staff here; only  a 
single citation was necessary  before initiation of a  forfeiture 
proceeding.

10   The staff  also  cited  the following  Fax.com  clients  for 
alleged violations of section 227 and the Commission's rules  and 
orders:  Platinum  Travel  Club  and  Teleconcepts  Technologies; 
Colorjet, Inc.;  Millenium  Marketing and  Sales,  Ltd.;  Website 
University; US  Travel  Services,  Inc.;  and  Advanced  Cellular 
Communications, Inc.   This  proceeding does  not  encompass  any 
actions against the cited companies.  

11   Fax.com Citations at 2 (footnotes omitted) (citing Rules and 
Regulations Implementing the Telephone Consumer Protection Act of 
1991, Memorandum  Opinion  and Order,  10  FCC Rcd  12391,  12407 
(1995) (TCPA  Memorandum Opinion  and  Order)); TCPA  Report  and 
Order, 7  FCC  Rcd  8752,  8780 (1992)  (quoting  Use  of  Common 
Carriers, 2 FCC Rcd 2819, 2820 (1987))).

12   January 31 Response at  27; June 1 Response  at 28; June  21 
Response at 27.

13   January 31 Response at  27; June 1 Response  at 29; June  21 
Response at 28.

14   January 31 Response at 30; June 1 Response at 31-32; June 21 
Response at 30.

15   January 31 Response at 30-31; June 1 Response at 32; June 21 
Response at 31.  Judging by information provided by consumers  to 
this Commission, it does  not appear that  Fax.com is using  this 
message routinely at the present  time; only one such message  is 
included in the instant forfeiture action.  See note 40, infra. 

16   January 31 Response at 28-29;  June 11 Response at 27;  June 
21 Response at 27-28.    

17   As  set  forth  in  Table  1,  these  unsolicited  facsimile 
advertisements were received  by 46  individuals, businesses,  or 
government  offices  between  September  2001  and  March   2002.  
Although some consumers' correspondence and related  declarations 
detail  additional  unsolicited  advertisements  received  before 
August 7,  2001, we  do  not list  these  violations in  Table  1 
because they are beyond the  one-year statute of limitations  set 
forth  in  section   503(b)(6)(B)  of   the  Act,   5  U.S.C.   § 
503(b)(6)(B).  Finally,  we  note  that  evidence  of  additional 
instances of  unlawful conduct  by  Fax.com, subject  to  section 
503(b)(6)(B)'s statute  of limitations,  may  form the  basis  of 
additional enforcement actions.

18   See Table 1  recording faxes received  by Robert Isaac  Carr 
(27 faxes), George D.  Demet (29 faxes),  Robert R. Dzimidas  (21 
faxes), L. (``Les'') R. Docks  (24 faxes), Allan Howard Frey  (21 
faxes), Heather Ann Hartnett (30  faxes), Douglas M. McKenna  (95 
faxes; 28 faxes -  residential line, 67  faxes - business  line), 
John P. Strang (30 faxes), and Wayne George Strang (48 faxes). 

19   Some consumers indicate that they actually have received far 
more advertisements from Fax.com than they have submitted to  the 
Commission. See  Facsimile message  from  John Koltun  to  Evelyn 
Dyson, FCC Telecommunications Consumers Division (Apr. 12, 2002); 
facsimile message  from George  Craig (on  behalf of  Gary  Chou, 
Internal Revenue Service) to Evelyn Dyson, FCC Telecommunications 
Consumers Division (Mar. 18, 2002).

20   One consumer describes particular circumstances to show that 
he neither solicited the  faxes nor permitted another  individual 
to do so on his behalf.   See Declaration of Wayne George  Strang 
(Jul. 22, 2002) (stating  that Mr. Strang is  the only member  of 
his household and,  thus, the only  individual entitled to  grant 
access to his telephone facsimile machine).
 
21  Although not  the basis  for our  action here,  we note  that 
accounts  in  public  media,  litigation  against  Fax.com,   and 
correspondence to the Commission  describe in detail  substantial 
disruption  and  expense  caused  by  Fax.com's  widespread   fax 
broadcasting of unsolicited  advertisements.   See ``E-Mail  Bill 
May Fail to Curtail Spamming,''  Brett Arquette, eWEEK Magazine, 
www.eweek.com/article/0,3658,s=1868&a=8229,00.asp,    2001     WL 
4412169 (July 16, 2001) (describing disruption caused by business 
organization's receipt  of  up  to  1,000  faxes  per  week  from 
Fax.com):
  
     We have  320  DID (direct  inward dialing)  fax  numbers 
     assigned to our organization and recently had to add two 
     more inbound  trunks  to  keep  up with  the  number  of 
     unsolicited faxes Fax.com was  pumping out.  During  one 
     week, Fax.com took up all four of the inbound lines that 
     feed our  320  RightFax server  numbers for  1.5  hours, 
     virtually shutting down our fax system for that time. 

See also  ``Fighting  Back on  the  Fax,'' Ed  Foster,  InfoWorld 
Magazine, 2001  WL 22048648  (Aug. 13,  2001) (relaying  readers' 
reports of disruption caused by Fax.com: ``'We received over  100 
faxes from Fax.com even  though we had  previously opted out  for 
all our 135 or so incoming  phone numbers. . .''');  Covington  & 
Burling v.  International  Marketing &  Research,  Inc.,  et.al., 
Second  Amended  Complaint,  Civil  Action  No.  01-004360  (D.C. 
Superior Court,  filed  Dec.  13, 2001)  ($2.45  million  lawsuit 
alleging Fax.com ``bombarded''  law firm  with 1,634  unsolicited 
advertisements during  one  week,  ``substantially  interfer[ing] 
with the work of the firm.''); Letter from Phillip L. Verveer and 
David M. Don, counsel for j2 Global Communications, Inc. to  Kurt 
Schroeder,  Deputy   Chief,  FCC   Telecommunications   Consumers 
Division (May 9,  2001) (describing disruption  to j2's  business 
operations caused by faxes transmitted  by Fax.com and other  fax 
broadcasters that send unsolicited advertisements):

     Over the  last  several months,  Fax.com  and  American 
     Blast  Fax  (and  its  affiliates)  have  flooded   j2s 
     telephone facsimile lines with hundreds of  unsolicited 
     faxes, despite j2's requests that they cease and desist 
     transmission  of  unsolicited  faxes.   The  flood   of 
     unsolicited advertisements  severely  disrupts  the  j2 
     service,  interferes  with   customers'  abilities   to 
     utilize the services,  and on  many occasions,  crashes 
     j2's servers for  several hours  at a  time during  the 
     workday.  When  a  server  crashes,  j2  customers  are 
     unable to access their accounts and thus cannot receive 
     or send  faxes and  voicemails  using the  j2  service.  
     Delivery  of  legitimate  faxes  to  customers'   email 
     accounts is often delayed for hours.

See also ``j2  Global Communications, Inc.  Secures Agreement  to 
End Unsolicited Fax Spam,'' j2 Global Communications, Inc.  Press 
Release, http://biz.yahoo.com/prnews/020130/law050 (Jan 30, 2002) 
(reporting  that  j2  secured  an  agreement  to  end   Fax.com's 
transmission of unsolicited fax advertisements to j2's more  than 
4.5 million customers).  

22  See Letter from James  Allan Dobbins to the Direct  Marketing 
Association (Oct. 4, 2001);  facsimile message from Richard  V.N. 
Ginn to Carmen Bates,  FCC Telecommunications Consumers  Division 
(Mar. 16, 2002); Letter from Steven M. Greenberg to FCC (Dec.  7, 
2001); Letter  from Sally  Collins  to FCC  Consumer  Information 
Bureau (Dec. 13, 2001).  

23   Letter from Elkins  Cox to FCC  Consumer Information  Bureau 
(Sep. 21, 2001) and  attached letter from  Elkins Cox to  Georgia 
Governor's Office of  Consumer Affairs  (Sep. 5,  2001) (``In  my 
home setup, I must  answer the phone, realize  it is a fax  call, 
and transfer the call to the fax machine,'' which prints the  fax 
at a cost of $.30 per page). 

24   Letter  from  Robert  R.  McMeekin,  M.D.  to  FCC  Consumer 
Information Bureau  (Jan.  11, 2002).   Dr.  McMeekin  mistakenly 
identifies two  faxes  as being  transmitted  on October  31  and 
December 31, 2000.  The faxes included with Dr. McMeekin's letter 
contain header  information that  shows that  they actually  were 
received on those days in the year 2001.

25  Information  provided by  consumers  indicates  that  Fax.com 
continued to send faxes even after receiving opt-out calls.   For 
instance, a log  provided by William  Robert White, President  of 
Regency Sales, Inc., documents over 50 attempts between May  2000 
and  August  2001  to  use  Fax.com's  opt-out  numbers  to  halt 
Regency's receipt  of  unsolicited  advertisements  from  Fax.com 
clients.  Despite these attempts,  Fax.com continued to  transmit 
unsolicited advertisements to Regency,  as evidenced by at  least 
12 faxes received by Regency from December 2001 to February 2002.  
See Table  1; see  also  Letter from  Andrew Hansis  to  Consumer 
Information Bureau  (Oct.  5,  2001) (October  5  Hansis  Letter) 
(stating that Mr.  Hansis continued to  receive faxes even  after 
using Fax.com's  automated opt-out  system  and speaking  with  a 
senior Fax.com employee in an effort to end the faxing); Consumer 
Form for Telephone-Related Issues from Norman Jensen, III  (rec'd 
Jan. 8,  2002)  (consumer  continued  to  receive  at  least  one 
advertisement  a  week  despite  ``repeatedly''  calling  opt-out 
numbers and faxing a message to the originating fax number asking 
that his  telephone  facsimile number  be  removed from  the  fax 
number database); Consumer Form for Telephone-Related Issues from 
Dora Wong  Goto  (rec'd Oct.  15,  2001) (Goto  Complaint  Form); 
annotated copies of faxes submitted  by James Allan Dobbins.   It 
is clear that a call to one Fax.com opt-out line does not end all 
fax transmissions from the company.  We emphasize here that  even 
an effectively administered  opt-out system does  not change  the 
statutory ban on sending unsolicited facsimile advertisements  or 
insulate such transmissions  from statutory penalties.   However, 
the fact that Fax.com apparently does not even adhere to its  own 
stated procedures makes its conduct even more egregious.   

26   Over 20  per cent  of the  faxes listed  in Table  1 do  not 
identify the entity whose products, goods, or services are  being 
advertised.  Section 227(d)(1)(B) of  the Act and section  68.318 
of the Commission's  rules require  that all faxes  display in  a 
margin at the top or bottom of each page or on the first page  of 
a fax transmission, the following information:  the date and time 
of transmission; the name of  the individual, business, or  other 
entity that sent the fax; and the telephone number of either  the 
sending machine  or the  individual,  business, or  other  entity 
responsible for sending the fax.  With respect to  identification 
requirements for the fax sender  and the telephone number of  the 
sender or sending machine, the Commission has determined that the 
entity that creates the content  of the fax message is  generally 
responsible for compliance.   Rules and Regulations  Implementing 
the Telephone Consumer Protection Act  of 1991, Order on  Further 
Reconsideration, 12 FCC Rcd 4609, 4610 n.7, 4613 (1997)  (finding 
that liability  rests with  entity that  is responsible  for  the 
content of the fax message, not with a fax broadcaster that  does 
``not determine the message content or to whom they are  sent.'')  
If, however, a fax broadcaster  voluntarily chooses to place  its 
own identifying  information  on  a  message  faxed  for  another 
entity, ``it must be clear which entity is the content originator 
and which entity is merely the transmitter of the message.''   12 
FCC Rcd at 4613.     

27   Letter from  Andrew Hansis  to Consumer  Information  Bureau 
(Oct. 4,  2001)  (October  4 Hansis  Letter);  October  5  Hansis 
Letter.

28   October 4  Hansis Letter;  see,  e.g., Goto  Complaint  Form 
(consumer made two  calls to Fax.com  but was unable  to reach  a 
live person or have calls returned).

29   47 U.S.C. § 227(b)(1)(C).   Section 227 defines a  telephone 
facsimile machine as  ``equipment which has  the capacity (A)  to 
transcribe text or images, or both, from paper into an electronic 
signal and to transmit that signal over a regular telephone line, 
or (B) to transcribe text or images (or both) from an  electronic 
signal received over a regular telephone line onto paper.''   Id. 
§ 227(a)(2).  This blanket prohibition applies to all unsolicited 
advertisements transmitted to telephone facsimile machines.   The 
Act does not permit the sending of unsolicited  advertisements by 
facsimile to either business  or residential telephone  facsimile 
machines.

30   47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(5).

31   See TCPA Report  and Order, 7  FCC Rcd at  8779 n. 87;  TCPA 
Memorandum Opinion and Order, 10 FCC Rcd at 12408.

32   Id.

33   See Destination Ventures v. FCC, 46 F.3d 54, 55-57 (9th Cir. 
1995) (ban on unsolicited fax advertisements does not violate the 
advertiser's First Amendment  rights because  it reasonably  fits 
the  government's  interest   in  preventing   the  shifting   of 
advertising costs  to consumers);  see also  Kenro, Inc.  v.  Fax 
Daily, Inc., 962 F.Supp. 1162,  1167-69 (S.D. Ind. 1997) (ban  on 
unsolicited fax advertisements  is narrowly  tailored to  achieve 
the government's intended purpose and does not violate the  First 
Amendment guarantee of commercial free speech); Texas v. American 
Blast Fax, 121 F. Supp. 2d  1085, 1091-92 (W.D. Tex. 2000).   But 
see Missouri v. American  Blast Fax, 196 F.  Supp. 920 (E.D.  Mo. 
2002),  appeal   pending  Nos.   02-2705,  02-2707   (8th   Cir.) 
(government failed to demonstrate that the harms associated  with 
unsolicited facsimile advertisements are  real, that the  blanket 
prohibition  on   faxing  such   materials  would   significantly 
alleviate such  harms,  and that  the  prohibition was  not  more 
extensive that necessary  to serve  the government's  interests).  
The latter case is not implicated in this NAL because none of the 
fax transmissions for  which we are  assessing a forfeiture  were 
received in or, to our knowledge, sent from the eastern  judicial 
district of Missouri. 

34   Johnson v.  Robison,  415  U.S.  361,  368  (1974)  (quoting 
Oestereich v. Selective Service Board,  393 U.S. 233, 242  (1968) 
(Harlan,  J.,  concurring  in  result)  (``Adjudication  of   the 
constitutionality of congressional enactments has generally  been 
thought beyond the jurisdictions of administrative agencies.'')).

35   TCPA Memorandum Opinion and Order, 10 FCC Rcd at 12407.  See 
TCPA Report and Order, 7 FCC Rcd at 8780.

36   Id. (quoting Use of Common Carriers, 2 FCC Rcd at 2820).

37    See para. 5, supra.

38   See note 6, supra.

39   Fax.com's website states that  ``[a]s a responsible  service 
provider,  Fax.com  makes  a  conscious  effort  to  censor   any 
offensive literature or  graphic content from  its platform.''  
http://www.fax.com/company_profile/our_business.asp      (website 
accessed May  29, 2002).   In addition,  as indicated  above,  in 
response to  our citations,  Fax.com has  suggested that  it  may 
review its clients'  advertisements to ensure  that they are  not 
``offensive or misleading.''  See para. 5, supra.  Such editorial 
influence is inconsistent with Fax.com's  claim that it does  not 
exercise control over the content of its clients' advertisements.  
Fax.com's close involvement in the undertakings of its clients is 
evidenced by  the fact  that Fax.com  is the  subscriber for  the 
toll-free sales  number (800-550-0406)  displayed on  one of  its 
client's  advertisements.     See,  e.g.,   Advertisements   from 
Infinity Communications to  Heather Ann Hartnett  (Nov. 2,  2001; 
Dec. 12, 2001). 

40   47 U.S.C. § 227(a)(4); 47 C.F.R. § 64.1200(f)(5); see  para. 
8, supra.   The advertisements  include promotions  for  cellular 
telephone service, stock  market offerings, commercially  offered 
seminars,  clocks,   vacation  packages,   office  supplies   and 
equipment, and insurance services.  The Moneyline Report's  stock 
advertisements, claim,  ``This Fax  is intended  for  information 
purposes only  and is  not a  commercial solicitation  under  the 
Telephone Consumer Protection Act.  It is not an offer to buy  or 
sell anything.''   Despite  this disclaimer,  the  faxes  clearly 
promote a  stock offering  and thus  constitute an  advertisement 
under 47 U.S.C. § 227(a)(4) and 47 C.F.R. § 64.1200(f)(4).   See, 
e.g., Advertisement from Moneyline Report to John P. Strang (Oct. 
16, 2001) (``Moneyline Report is putting FXGP on our Strong  Buy-
Aggressive Growth recommendation list. . . .'').  Finally, one of 
the  advertisements  included  in   this  forfeiture  action   is 
Fax.com's  own   ``Your   Permission  Please''   message,   which 
purportedly  seeks  permission  to  fax  consumers  both  missing 
children  alerts  and  ``a  limited  amount  of  paid  commercial 
advertising.''  See  Advertisement from  Fax.com to  Heather  Ann 
Hartnett (Dec. 31, 2001).  Contrary to Fax.com's assertion,  such 
messages are indeed both commercial and prohibited under  section 
227(b)(1)(C) of the Act and  section 64.1200(a)(3) of our  rules.  
See TCPA  Memorandum  Opinion and  Order,  10 FCC  Rcd  at  12408 
(``[F]acsimile requests for permission  to transmit would  impose 
costs on facsimile recipients unless and until the recipient were 
able to ask  that such  transmissions be stopped.   This kind  of 
`negative option' (in  which the sender  presumes consent  unless 
advised otherwise) is contrary  to the statutory requirement  for 
prior express permission or invitation.'').                        
41   In fact, several consumers  indicate that Fax.com  continued 
to fax advertisements to them  even after they attempted to  stop 
such faxes by calling one or more of Fax.com's toll-free  opt-out 
numbers.  See note 25, supra. 

42   Section 503(b)(2)(C) provides for forfeitures up to  $10,000 
for each violation by  cases not covered  by subparagraph (A)  or 
(B), which address  forfeitures for violations  by licensees  and 
common carriers,  among  others.  See  47  U.S.C. §  503(b).   In 
accordance with the  inflation adjustment requirements  contained 
in the Debt Collection Improvement Act of 1996, Pub. L.  104-134, 
Sec.  31001,  110  Stat.  1321,  the  Commission  implemented  an 
increase  of  the  maximum  statutory  forfeiture  under  section 
503(b)(2)(C) to $11,000.  See 47 C.F.R. §1.80(b)(3); Amendment of 
Section  1.80  of  the  Commission's  Rules  and  Adjustment   of 
Forfeiture Maxima to Reflect Inflation, 15 FCC Rcd 18221 (2000). 

43   47 U.S.C. § 503(b)(2)(D); The Commission's Forfeiture Policy 
Statement  and  Amendment  of  Section  1.80  of  the  Rules   to 
Incorporate the Forfeiture Guidelines,  Report and Order, 12  FCC 
Rcd 17087, 17100-17101,  (1997), recon.  denied, 15  FCC Rcd  303 
(1999) (Forfeiture Policy Statement).

44   See  Get-Aways,  Inc.,  Notice  of  Apparent  Liability  For 
Forfeiture, 15  FCC Rcd.  1805, 1812  (1999); see  also  Carolina 
Liquidators, Inc., Notice of  Apparent Liability for  Forfeiture, 
15 FCC Rcd 16837, 16842  (2000) (Carolina Liquidators NAL);  Tri-
Star Marketing, Notice of  Apparent Liability for Forfeiture,  15 
FCC Rcd  11295,  11300 (2000)  (Tri-Star  NAL); US  Notary,  Inc. 
Notice of Apparent  Liability for Forfeiture,  15 FCC Rcd  16999, 
17003 (2000). 

45   See Carolina Liquidators NAL, 15 FCC Rcd at 16842;  Tri-Star 
NAL, 15 FCC Rcd at 11300.

46   Fax.com's website, copyrighted 2000, claims:

     By mid-1999, all systems were in place with an  initial 
     broadcasting capacity  of two  million faxes  per  day.  
     Following its plan to continue increasing line capacity 
     to three million faxes per day by 2001, Fax.com is well 
     on its way. 

http://www.fax.com/company_profile/about.asp  (website   accessed 
May 29, 2002).

47   As mentioned above, only one of the 489 faxes that form  the 
basis for this NAL identifies  Fax.com in any way.   Nonetheless, 
Fax.com's  various  toll-free  opt-out  numbers  appear  on  each 
advertisement.  In fact, the wording of the opt-out notices,  and 
the fact that they are contained on advertisements for individual 
entities, clearly convey  the erroneous  impression that  opt-out 
numbers are associated with  individual advertisers.  See,  e.g., 
Advertisement from Y2 Marketing to D. Leon Taylor (Oct. 16, 2001) 
(``If you received this fax in error and would like to have  your 
number removed from our database, call toll-free at 800-822-9033; 
Advertisement from eStock Pick of  the Week to Robert Isaac  Carr 
(Jan. 9, 2002) (``To  have your name  removed from our  database, 
please  call   our  toll   free  service   at:   (800)-331-4510); 
Advertisements from  Central Imaging  Supply to  L. (``Les'')  R. 
Docks (Nov. 2 and  8, 2001) (``To have  your number removed  from 
our database, please call our automated toll-free center at  800-
457-5410).   As shown in Tables 2 and 3, however, opt-out numbers 
are not  assigned  uniquely  to  individual  advertisers.   These 
tables reveal that  a single  advertiser may  be associated  with 
multiple opt-out numbers and likewise a single opt-out number may 
be associated with multiple advertisers.  

48   ``Representative  Appearance  Declaration  Pursuant  to  CCP 
116.540(B)'' signed by  Charles Martin and  filed in Los  Angeles 
Superior Court (Feb. 26, 2001, Apr. 3, 2001).  According to Dun & 
Bradstreet, Charles Martin is not an officer of American  Benefit 
Mortgage. See Dun & Bradstreet Business Information Report  (June 
7, 2002).  In addition, an Enforcement Bureau staff member called 
American  Benefit  Mortgage's   automated  telephone   directory, 
followed instructions  to press  keypads  to spell  Mr.  Martin's 
name, and received a message that the name could not be found  in 
the directory.

49   Demand letters are a popular  tool among TCPA advocates  and 
consumers  who  seek  to  self-enforce  section  227  though  the 
statute's private right  of action.   In such  demand letters,  a 
consumer  generally  complains   about  receiving  a   prohibited 
advertisement, asserts  the private  right of  action to  recover 
monetary damages,  and asks  the advertiser  to pay  a  specified 
amount to avoid  being sued in  state court.  We  do not  suggest 
that any advertiser or fax broadcaster is obligated to accede  to 
a demand letter  or that failure  to do so  somehow indicates  an 
alleged violator's bad faith.  

50   See Letter from Charles Martin to Terry P. Carter (Oct.  25, 
2001) (Carter Letter);  Letter from  Charles Martin  to Amy  K.C. 
Goebel (Nov. 2, 2001) (Goebel Letter). 

51   Carter Letter.

52   Letter from  Charles Martin  to Richard  M. Zelma  (Nov.  9, 
2001) (Zelma Letter). 

53   Goebel Letter.

54   The line below Mr. Martin's name simply reads,  ``Compliance 
Department.''   See  Carter  Letter  (reference  line  refers  to 
Advanced Communications); Goebel Letter (reference line refers to 
Advanced Communications);  Letter  Zelma Letter  (reference  line 
refers to Colorjet, Inc.).  

55   The envelope for the Zelma Letter shows a return address for 
Colojet, Inc. in  Louisville, Kentucky while  the metered  postal 
stamp, PB8722193, shows that the  envelope was mailed from  Aliso 
Viejo, California. Likewise, the  envelope for the Goebel  Letter 
shows a return address for Advanced Communications in Long Beach, 
California (located  in Los  Angeles  County) and  the  identical 
metered postal stamp  number, which shows  that the envelope  was 
mailed from Aliso Viejo, California (located in Orange County).

56   One letter  states,  ``As  you are  aware  there  are  three 
exceptions  to  receiving  facsimile  messages  under  47  U.S.C. 
Section 227.  You fall under  two of those exceptions.''   Carter 
Letter.  In reality, there is one exception to the ban on  faxing 
unsolicited advertisements: when  the recipient  has given  prior 
express permission or invitation  to send the advertisement.   47 
U.S.C. §  227(b)(1)(C).   As  noted  above,  the  Commission  has 
determined that an established business relationship between  the 
fax sender and recipient constitutes the requisite permission  or 
invitation to fax.  See para. 11, supra.  Other information  from 
consumers also  indicates Mr.  Martin's deception  regarding  the 
section 227(b)(1)(C) of the Act:

     Mr. Martin  has continued  to attempt  to misinform  me 
     about the TCPA, stating  at various times that  Fax.com 
     is exempt from the TCPA, that California law  overrides 
     the TCPA, that  Fax.com was  a non-profit  organization 
     and thus exempt from  § 227(b)(1)(C), that Fax.com  has 
     never lost a case, that the FCC has not cited  Fax.com, 
     etc.

Letter from Mark  James, Marketing Power,  Inc. to Yanic  Hardie, 
FCC (Apr. 2, 2001) (James Letter). 

57   One consumer has  alleged that  he was  a victim  of such  a 
retaliatory lawsuit.  Richard Zelma, a well-known TCPA  advocate, 
claims that Charles Martin falsely  swore out a complaint in  the 
state of New Jersey charging Mr. Zelma with harassment.  State of 
New Jersey v. Richard Zelma, Norwood Municipal Court Summons  No. 
S-2001-000002-0241, File No. 8875.1000 (Jan. 23, 2001). The  case 
was dismissed for failure to  prosecute.  The claims made by  Mr. 
Zelma and Mr.  Martin are moot,  and in any  event, would not  be 
properly before this Commission; we therefore take no position on 
the validity of such claims.  

58     See http://www.fax.com/Customer_support/FAQs.asp  (website 
accessed May  29, 2002)  (``Q:  Do prospective  clients  complain 
about receiving  the  faxes?  A:  If  someone does  not  want  to 
receive any more faxes, there is  an 800 number at the bottom  of 
each and every fax  sent through Fax.com  that an individual  can 
call to have the fax number removed from your campaign list.'')

59   See  note  25,  supra.   We  note  that  the  broad  federal 
prohibition on faxing unsolicited advertisements applies to  both 
interstate and intrastate transmissions.  See 47 U.S.C. §  152(b) 
(section 227, inter alia,  is not subject  to the provision  that 
generally  excludes  Commission   jurisdiction  over   intrastate 
matters); 47 U.S.C. § 227(e) (section 227 does not preempt  state 
law that imposes more restrictive intrastate requirements). 

60   James Letter. 

61   January 31 Response at 29; June 1 Response at 29-30; June 21 
Response at 28-29.

62   47 U.S.C. § 403 provides that ``[t]he Commission shall  have 
full authority and power at any time to institute an inquiry,  on 
its own motion, in any case and as  to any matter or thing . .  .  
concerning which any question may  arise under any provisions  of 
this Act, or relating to the enforcement of any of the provisions 
of this Act.''

63   47 U.S.C. § 154(j).
     
64   See January 31 Response at 29;  June 1 Response at 30;  June 
11 Response at 29.  
 
65   Id. (emphasis added).

66   Fax.com Citations at 2 (emphasis added).

67   Id.

68   In this  context, war  dialing uses  automated equipment  to 
dial telephone numbers, generally  sequentially, and software  to 
determine whether each number is  associated with a fax or  voice 
line.  In  April 2000,  the state  of Washington  entered into  a 
consent decree with Fax.com to settle its complaint alleging that 
this war-dialing scheme  had resulted  in a barrage  of calls  to 
telephone lines at the  University of Washington Medical  Center, 
including lines  for emergency  services  and patient  rooms,  in 
violation  of  section  227(a)(1)(A)  of  the  Act  and   section 
64.1200(a)(1) of  our rules.   State  of Washington  v.  Fax.com, 
Inc., No.  C01-0369 (W.D.  Wash. May  13, 2001)  (consent  decree 
permanently enjoining Fax.com from,  inter alia, using  automated 
dialing equipment to call any hospital patient room or  emergency 
medical telephone number  within Washington  state and  providing 
for $90,000 payment to the state in civil penalties, damages, and 
attorneys fees).  We recognize  that although Fax.com has  agreed 
to an  injunction and  monetary payment,  it does  not admit  the 
allegations in Washington's complaint.  We do not address or pass 
judgment on  all aspects  of Fax.com's  conduct in  this  regard, 
which, in any event, is beyond the statute of limitations set  by 
the Act.  Nonetheless, we need not ignore materials that document 
an arrangement whereby  Fax.com paid an  individual to house  and 
operate the war-dialing  equipment.  See Participation  Agreement 
between Fax  Broadcast Systems  and Mike  Salvus (Apr.  4,  2000) 
(providing for Mr. Salvus's agreement  to house in his  residence 
war-dialing, or ``casting,'' equipment  as part of Fax  Broadcast 
Systems'   ``Fax   Broadcast    Placement   Program'');    ``Dear 
Participant'' Form  Letter from  Paul L.  Stanton, Fax  Broadcast 
Systems (Mar. 30,  2000) (informing recipients  that Fax.com  has 
taken over from Fax  Broadcast Systems, payments to  participants 
in the  fax  broadcast  placement program).   In  light  of  this 
information, it is clear that Fax.com did not honestly answer the 
staff's questions.   We do  not address  here possible  sanctions 
against Fax.com for its concealment.

69   Forfeiture Policy Statement, 12 FCC Rcd at 17,101.

70   See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).

71   The forfeiture amount should be paid by check or money order 
drawn to  the order  of  the Federal  Communications  Commission.  
Reference should be made on Fax.com, Inc.'s check or money  order 
to ``NAL/Acct/  No.  200232170004.''  Such  remittances  must  be 
mailed to Forfeiture Collection Section, Finance Branch,  Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.

----------------------------------------------------------------------

                                                         TABLE  1

        Unsolicited Advertisements Transmitted by Fax.com
       and Subject to Forfeiture Pursuant to FCC 02-226___
  (Fax.com, Inc., Notice of Apparent Liability for Forfeiture)

                                                                    

      FAX RECIPIENT        NUMBER      DATE                   ADVERTISER                FAX.COM 
                             OF         FAX      (Bold type denotes advertiser that is  OPT-OUT 
                            FAXES    RECEIVED         not identified by fax text)       NUMBER

Thomas W. Bell, Jr.                   12/10/01    Vacation Getaway Travel, Inc.         800-822-
(Accredo                                                                                  9033
    Health, Inc.) 
                                     12/12/01    Mortgage Market                       800-443-
                                                                                         7628
                              3       1/7/002    Tower Group                           800-457-
                                                                                         5410
Cappy Caplan (MRO 
Electronic                     1       1/15/02    Stock Traders Alert                   800-785-
    Distributors, Inc.)                                                                   8505
Lucretia A. Cartharius                11/20/01    Stockscape Network Group (Small Cap   800-443-
(Rosenbaum                                        Central)                                7628
    Investments)
                                     11/26/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     11/27/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      12/7/01    Vacation Getaway Travel, Inc          800-822-
                                                                                         9033
                              5       2/22/02    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
Robert Isaac Carr                     12/10/01    Advanced Communications               800-785-
                                                                                         6698
                                     12/17/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     12/27/01    Cell Direct                           800-965-
                                                                                         7235
                                     12/27/01    Vacation Getaway Travel, Inc          800-822-
                                                                                         9033
                                      1/6/02     Y2 Marketing                          800-822-
                                                                                         9033
                                      1/9/02     eStock Pick of the Week               800-331-
                                                                                         4510
                                      1/12/02    Y2 Marketing                          800-822-
                                                                                         9033
                                      1/15/02    Advanced Communications               800-785-
                                                                                         6698
                                      1/16/02    Office Warehouse                      800-822-
                                                                                         9033
                                      1/17/02    Union Trust Mortgage                  800-443-
                                                                                         7628
                                      1/17/02    Office Warehouse                      800-822-
                                                                                         9033
                                      1/18/02    Investors Today                       800-331-
                                                                                         4510
                                                                    

      FAX RECIPIENT        NUMBER      DATE                   ADVERTISER                FAX.COM 
                             OF         FAX      (Bold type denotes advertiser that is  OPT-OUT 
                            FAXES    RECEIVED         not identified by fax text)       NUMBER

Robert Isaac Carr                      1/23/02    Wireless Center                       800-822-
(continued)                                                                               9033
                                      1/28/02    Office Warehouse                      800-766-
                                                                                         0816
                                      1/29/02    Axin Corporation                      800-822-
                                                                                         9033
                                      2/1/02     Vacation Showroom (``Corporate Travel 800-822-
                                                 Division'')                             9033
                                      2/10/02    Y2 Marketing                          800-766-
                                                                                         0816
                                      2/13/02    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                      2/14/02    Bentley Mortgage                      800-822-
                                                                                         9033
                                      2/19/02    Vacation Warehouse                    800-443-
                                                                                         7628
                                      2/27/02    Advanced Communications               800-785-
                                                                                         6698
                                      3/4/02     National Communications               800-822-
                                                                                         9033
                                      3/6/02     Vacation Warehouse                    800-822-
                                                                                         9033
                                      3/14/02    Altimate Marketing                    800-976-
                                                                                         3734
                                     3/19//02    LifeQuotes of America, Inc.           800-976-
                                                                                         3734
                                      3/28/02    Apollo Transportation                 800-822-
                                                                                         9033
                             27       3/28/02    Partnership for Education             800-976-
                                                                                         3734
Terry Powell Carter            1      10/10/01    Advanced Communications               800-785-
                                                                                         6698
Gary Chou (United States               10/3/01    Advanced Communications               800-785-
Department of                                                                             6698
    the Treasury, Internal 
Revenue Service)
                                      10/6/01    Y2 Marketing                          800-822-
                                                                                         9033
                                     10/11/01    Central Imaging Supply                800-457-
                                    (1:51 p.m.)                                          5410
                                     10/11/01    Central Imaging Supply                800-457-
                                    (2:00 p.m.)                                          5410
                                     10/16/01    Media Broadcast Solutions (Wall       800-766-
                                                 Street Examiner)                        0816
                                     10/30/01    Moneyline Report                      800-364-
                                                                                         0216
                                      11/1/01    First Chartered Investments           800-443-
                                                                                         5716
                                      11/2/01    Businesscoach.com                     800-766-
                                                                                         0816
                                     12/10/01    Call Center Network - The Wireless    800-822-
                                                 Center                                  9033
                                      1/7/02     Y2 Marketing                          800-766-
                                                                                         0816
                                      1/9/02     Elite Communications                  800-822-
                                                                                         9033
                                      1/15/02    Equity Market Watch                   800-766-
                                                                                         0816
Gary Chou (continued)                  1/23/02    Call Center Network                   800-822-
                                                                                         9033
                                      2/6/02     Tallclocks, Inc.                      800-457-
                                                                                         5410
                                      2/7/02     Elite Communications                  800-766-
                                                                                         0816
                             16       3/7/02     Y2 Marketing                          800-663-
                                                                                         8758
Sally Collins                         12/11/01    First Chartered Investments           800-443-
                                                                                         5716
                              2      12/13/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
Elkins Cox                     1       9/5/01     Florida Reservations                  877-276-
                                                                                         1974
George D. Demet                        9/6/01     LifeQuotes of America, Inc.           800-443-
(Palantir.net)                                                                            7628
                                      9/27/01    Axin Corporation                      800-822-
                                                                                         9033
                                      9/28/01    American Cellular Inc.                800-822-
                                                                                         9033
                                     10/11/01    Cell Direct                           800-822-
                                                                                         9033
                                     10/11/01    Wall Street Alert                     800-785-
                                                                                         6698
                                     10/16/01    Moneyline Report                      800-364-
                                                                                         0216
                                     10/24/01    Axin Corporation                      800-822-
                                                                                         9033
                                     10/26/01    Cell Direct                           800-822-
                                                                                         9033
                                     10/30/01    Moneyline Report                      800-364-
                                                                                         0216
                                     11/13/01    Stock Traders Alert                   800-785-
                                                                                         8505
                                     11/28/01    Kit Stuff Wireless                    800-822-
                                                                                         9033
                                     11/29/01    Telecommservices.net (Fine            800-965-
                                                 Telecommunications, Inc.)               7235
                                     11/29/01    Office Warehouse                      800-822-
                                                                                         9033
                                     11/29/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                      12/5/01    Bullish Report                        800-331-
                                                                                         4510
                                     12/10/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     12/21/01    eStock Pick of The Week               800-331-
                                                                                         4510
                                     12/26/01    Cell Direct                           800-822-
                                                                                         9033
                                      1/3/02     Office Warehouse                      800-766-
                                                                                         0816
                                      1/8/02     Y2 Marketing                          800-766-
                                                                                         0816
                                      1/10/02    Altimate Marketing                    800-976-
                                                                                         3734
                                      1/10/02    Bullish Report                        800-331-
                                                                                         4510
George D. Demet                        1/22/01    Cell Direct                           800-822-
(continued)                                                                               9033
                                      1/24/02    Axin Corporation                      800-822-
                                                                                         9033
                                      1/27/02    Y2 Marketing                          800-766-
                                                                                         0816
                                      1/29/02    Telecommservices.net (Fine            800-965-
                                                 Telecommunications, Inc.)               7235
                                      2/2/02     Y2 Marketing                          800-766-
                                                                                         0816
                                      2/7/02     Bridge 21/Financial Management        800-766-
                                                 Solutions                               0816
                             29       2/12/02    Office Warehouse                      800-822-
                                                                                         9033
James Allan Dobbins            1      10/24/01    Ticket Solutions                      800-822-
                                                                                         9033
L. (``Les'') R. Docks                 10/31/01    Absolute Wireless                     800-443-
                                                                                         7628
                                      11/2/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      11/8/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     11/13/01    Dr. Roger Arredondo                   800-443-
                                                                                         7628
                                     11/14/01    Advanced Communications               800-785-
                                                                                         6698
                                     11/19/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     11/20/01    Stock Traders Alert                   800-785-
                                                                                         8505
                                     11/20/01    Satellite Country                     800-766-
                                                                                         0816
                                     11/30/01    Y2 Marketing                          800-822-
                                                                                         9033
                                      12/5/01    Dr. Roger Arredondo                   800-822-
                                                                                         9033
                                     12/11/01    Absolute Wireless                     800-822-
                                                                                         9033
                                     12/18/01    Absolute Wireless                     800-822-
                                                                                         9033
                                     12/28/01    Cell Direct                           800-965-
                                                                                         7235
                                     12/30/01    Y2 Marketing                          800-822-
                                                                                         9033
                                      1/2/02     Union Trust Mortgage                  800-766-
                                                                                         0816
                                      1/4/02     Axin Corporation                      800-822-
                                                                                         9033
                                      1/6/02     Y2 Marketing                          800-822-
                                                                                         9033
                                      1/7/02     Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                      1/7/02     Tallclocks, Inc.                      800-457-
                                                                                         5410
                                      1/9/02     Holiday Orlando (``Travel News        800-457-
                                                 Release'')                              5410
                                      1/15/02    Dr. Roger Arredondo                   800-822-
                                                                                         9033
L. (``Les'') R. Docks                  1/17/02    Holiday Orlando (``Travel News        800-457-
(continued)                                       Release'')                              5410
                                      1/26/02    Y2 Marketing                          800-766-
                                                                                         0816
                             24       1/29/02    Cell Direct                           800-965-
                                                                                         7235
Richard Don                           10/11/01    Wall Street Alert                     800-785-
                                                                                         6698
                              2      10/16/01    Moneyline Report                      800-364-
                                                                                         0216
Robert R. Dzimidas                    10/30/01    Moneyline Report                      800-364-
                                                                                         0216
                                      11/1/01    Strategic Stock Intelligence, Inc.    800-443-
                                                                                         7628
                                      11/1/01    Investor's Business Report (The Wall  800-785-
                                                 Street Alert)                           6698
                                      11/6/01    Wall Street Alert                     800-785-
                                                                                         6698
                                     11/13/01    American Cellular Inc.                800-822-
                                                                                         9033
                                     11/14/01    Wall Street Investment Alert          800-443-
                                                                                         7628
                                     11/14/01    DSC Inc. (Digital Systems Concepts,   800-822-
                                                 Inc.).                                  9033
                                     11/14/01    Wall Street Outlook                   800-443-
                                                                                         7628
                                     11/19/01    Stock Traders Alert                   800-785-
                                                                                         8505
                                     11/27/01    JWP                                   800-822-
                                                                                         9033
                                     11/28/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     11/30/01    Advanced Communications               800-785-
                                                                                         6698
                                      12/4/01    Wall Street Investment Alert          800-331-
                                                                                         4510
                                      12/4/01    Investors Today                       800-331-
                                                                                         4510
                                      12/5/01    Bullish Report                        800-331-
                                                                                         4510
                                      12/6/01    Moneyline Report                      800-364-
                                                                                         0216
                                      12/6/01    Wireless Connections                  800-822-
                                                                                         9033
                                      12/9/01    Y2 Marketing                          800-822-
                                                                                         9033
                                     12/11/01    NBM Information                       800-331-
                                                                                         4510
                                     12/17/01    American Cellular Inc.                800-822-
                                                                                         9033
                             21       1/15/02    Stock Traders Alert                   800-785-
                                                                                         8505
Cheryl Edmondson (Applied              10/8/01    LifeQuotes of America, Inc.           800-443-
    Communication Systems,                                                                7628
Inc.)
                                     10/10/01    Wall Street Alert                     800-785-
                                   (1:03  a.m.)                                          6698
Cheryl Edmondson               3      10/10/01    Wall Street Alert                     800-785-
(continued)                          (9:31 p.m.)                                          6698
Lori Frayne (Hasty Air                 9/13/01    Wireless Connections                  800-822-
Freight, Inc.)                                                                            9033
                                      10/2/01    DSC Inc. (Digital Systems Concepts,   800-766-
                                                 Inc.)                                   0816
                                      10/3/01    Wall Street Alert                     800-785-
                                                                                         6698
                              4       10/5/01    Wireless Telecom                      800-822-
                                                                                         9033
Allan Howard Frey                     11/28/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     11/29/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     12/12/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                      1/4/02     Holiday Management Group              800-457-
                                                                                         5410
                                      1/10/02    Advanced Communications               800-785-
                                                                                         6698
                                      2/9/02     Y2 Marketing                          800-766-
                                                                                         0816
                                      2/11/02    Vacation Warehouse                    800-663-
                                                                                         8758
                                      2/14/02    Stock Traders Alert                   800-785-
                                                                                         8505
                                      2/15/02    Vacation Showroom (``Corporate Travel 800-822-
                                                 Division'')                             9033
                                      2/17/02    Y2 Marketing                          800-766-
                                                                                         0816
                                      2/20/02    DreamQuest International Travel       800-766-
                                                                                         0816
                                      2/22/02    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
                                      2/27/02    Advanced Communications               800-785-
                                                                                         6698
                                      3/4/02     Futuredreams                          800-822-
                                                                                         9033
                                      3/4/02     Bridge 21/American Financial Services 800-976-
                                                                                         3834
                                      3/6/02     Vacation Center                       800-822-
                                                                                         9033
                                      3/11/02    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                      3/20/02    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
                                      3/26/02    Vacation Center                       800-822-
                                                                                         9033
                                      3/28/02    Cell Direct                           800-766-
                                                                                         0816
                             21       4/3/02     Greater Orlando Vacation              800-822-
                                                                                         9033
Richard V. N. Ginn                     3/6/02     Y2 Marketing                          800-663-
                                                                                         8758
                              2       3/15/02    Vacation Center                       800-822-
                                                                                         9033
Charles L. Gomes               1      10/12/01    Y2 Marketing                          800-822-
                                                                                         9033
Dora Wong Goto                         9/25/01    Tallclocks, Inc.                      800-822-
                                                                                         9033
                              2       9/28/01    Advanced Communications               800-785-
                                                                                         6698
Steven M. Greenberg            1       12/7/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
Bathsheba L. Grossman                  1/30/02    Vacation Getaway Travel, Inc.         800-822-
(Protoshape)                                                                              9033
                                      2/6/02     Elite Communications                  800-766-
                                                                                         0816
                              3       2/7/02     Global Key Holiday International      800-443-
                                                     a.k.a.Fantasy Marketing and         7628
                                                 Research
Andrew Hansis                          10/4/01    Call Center Network                   800-822-
                                                                                         9033
                              2       10/5/01    Elite Communications                  800-822-
                                                                                         9033
Heather Ann Hartnett                   10/5/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      10/9/01    Rosenbaum Chiropractic and Carpal     800-965-
                                                 Tunnel Clinic                           7235
                                     10/29/01    Strategic Stock Intelligence, Inc.    800-443-
                                                                                         7628
                                      11/1/01    South Cooper Auto Mart                800-443-
                                                                                         7628
                                      11/1/01    Advanced Communications               800-785-
                                                                                         6698
                                      11/2/01    Infinity Communications               800-822-
                                                                                         9033
                                      11/6/01    Strategic Stock Intelligence, Inc.    800-443-
                                                                                         7628
                                      11/6/01    Rosenbaum Chiropractic and Carpal     800-965-
                                                 Tunnel Clinic                           7235
                                     11/20/01    Strategic Stock Intelligence, Inc.    800-443-
                                                                                         7628
                                     11/28/01    Quality Auto Mart                     800-443-
                                                                                         7628
                                     11/30/01    South Cooper Auto Mart                800-443-
                                                                                         7628
                                      12/3/01    Advanced Communications               800-785-
                                                                                         6698
                                      12/4/01    Union Trust Mortgage                  800-766-
                                                                                         0816
                                      12/5/01    Holiday Management Group              800-457-
                                                                                         5410
                                     12/12/01    Infinity Communications               800-822-
                                                                                         9033
                                     12/12/01    Rosenbaum Chiropractic and Carpal     800-965-
                                                 Tunnel Clinic                           7235
                                     12/13/01    South Cooper Auto Mart                800-822-
                                                                                         9033
                                     12/17/01    Cell Direct                           800-965-
                                                                                         7235
                                     12/19/01    South Cooper Auto Mart                800-822-
                                                                                         9033
                                     12/21/01    Holiday Management Group              800-457-
                                                                                         5410
Heather Ann Hartnett                  12/31/01    Fax.com                               800-443-
(continued)                                                                               7628
                                      1/8/02     Advanced Communications               800-785-
                                                                                         6698
                                      1/16/02    American Marble Liquidators           800-822-
                                                                                         9033
                                      1/17/02    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
                                      1/28/02    Vacation Center                       800-822-
                                                                                         9033
                                      2/6/02     Holiday Management Group              800-457-
                                                                                         5410
                                      2/7/02     Vacation Center                       800-822-
                                                                                         9033
                                      2/11/02    Advanced Communications               800-785-
                                                                                         6698
                                      2/18/02    Holiday Management Group              800-457-
                                                                                         5410
                             30       2/19/02    Carpal Tunnel Injury Center           800-766-
                                                                                         0816
Norman B. Jensen, III                  10/2/01    Orlando Promotions, Inc.              800-443-
                                                                                         7628
                                     12/12/01    Office Warehouse                      800-822-
                                                                                         9033
                              3       1/31/02    DreamQuest Travel                     800-766-
                                                                                         0816
Suzie Johnson                          11/5/01    Advanced Communications               800-785-
                                                                                         6698
                                      11/9/01    Stockscape Network Group (Small Cap   800-443-
                                                 Central)                                7628
                                     11/19/01    Infinity Communications               800-822-
                                                                                         9033
                                      12/3/01    Advanced Communications               800-785-
                                                                                         6698
                                     12/11/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     12/11/01    Cell Direct                           800-965-
                                                                                         7235
                                     12/19/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                      1/4/02     Advanced Communications               800-785-
                                                                                         6698
                                      1/7/02     Cell Direct                           800-965-
                                                                                         7235
                                      1/10/02    Infinity Communications               800-822-
                                                                                         9033
                             11       1/16/02    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
John Koltun (Geographic               12/14/01    Bagoba                                800-443-
Resources                                                                                 7620
    Solutions
                                      1/10/01    Accounting Solutions                  800-822-
                                                                                         9033
                              3       1/15/01    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
Nathaniel Kramer               1       5/2/02     Advanced Communications               800-785-
                                                                                         6698
Anne McCarten-Gibbs (Words             12/6/01    Call Center Network                   800-822-
That                                                                                      9033
    Work)
                                      12/7/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      12/7/01    Y2 Marketing                          800-822-
                                                                                         9033
                                     12/14/01    Veb Tickets                           800-822-
                                                                                         9033
                                     12/20/01    Call Center Network                   800-822-
                                                                                         9033
                                     12/20/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                              7      12/27/01    Call Center Network                   800-822-
                                                                                         9033
Douglas M. McKenna -                   9/17/01    Burt Custom Finance                   800-443-
residential line                                                                          7628
                                      9/20/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     10/15/01    Burt Custom Finance                   800-443-
                                                                                         7628
                                     10/16/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     10/17/01    Advanced Communications               800-785-
                                                                                         6698
                                     10/24/01    Investor's Business Report            800-785-
                                                                                         6698
                                     10/30/01    Moneyline Report                      800-364-
                                                                                         0216
                                      11/5/01    Burt Custom Finance                   800-443-
                                                                                         7628
                                      11/6/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     11/14/01    Infinity Communications               800-822-
                                                                                         9033
                                     11/14/01    Y2 Marketing                          800-822-
                                                                                         9033
                                     11/19/01    Choice Wireless                       800-822-
                                                                                         9033
                                     11/21/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     11/28/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     11/29/01    Advanced Communications               800-785-
                                                                                         6698
                                      12/2/01    Y2 Marketing                          800-822-
                                                                                         9033
                                      12/4/01    Strategic Stock Intelligence, Inc.    800-331-
                                                                                         4510
                                      12/7/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     12/26/01    Holiday Management Group              800-457-
                                                                                         5410
                                      1/2/02     Advanced Communications               800-785-
                                                                                         6698
                                      1/17/02    eStock Pick of The Week               800-331-
                                                                                         4510
Douglas M. McKenna -                   2/13/02    eStock Pick of The Week               800-331-
residential line                                                                          4510
    (continued)                        2/17/02    Y2 Marketing                          800-822-
                                                                                         9033
                                      2/20/02    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
                                      2/27/02    New Century Mortgage Corporation      800-443-
                                                                                         7628
                                      2/28/02    Stockscape Network Group (Small Cap   800-364-
                                                 Central)                                0216
                                      2/28/02    Travel To Go                          800-822-
                                                                                         9033
                             28       3/6/02     Burt Custom Finance                   800-822-
                                                                                         9033
Douglas M. McKenna                     9/4/01     Vacation Getaway Travel, Inc.         800-443-
(President,                                                                               7628
    Mathemaesthetics, 
Inc.) - business line
                                      9/7/01     MBA Financial Group                   800-443-
                                                                                         7628
                                      9/10/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      9/13/01    Advanced Communications               800-785-
                                                                                         6698
                                      9/24/01    Rocky Mountain Financial              800-443-
                                                                                         5716
                                      9/28/01    Burt Custom Finance                   800-443-
                                                                                         7628
                                      10/8/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     10/17/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     10/22/01    Advanced Communications               800-785-
                                                                                         6698
                                     10/25/01    Market Wizard Alerts                  800-331-
                                                                                         3622
                                     10/29/01    Burt Custom Finance                   800-443-
                                                                                         7628
                                     10/29/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      11/5/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                      11/7/01    Wall Street Reporter                  800-364-
                                                                                         0216
                                      11/7/01    Investor's Business Report            800-785-
                                                                                         6698
                                     11/13/01    Kit Stuff Wireless/Keep In Touch      800-822-
                                                 Stuff                                   9033
                                     11/14/01    Choice Wireless                       800-822-
                                                                                         9033
                                     11/14/01    Y2 Marketing                          800-822-
                                                                                         9033
                                     11/15/01    Infinity Communications               800-822-
                                                                                         9033
                                     11/16/01    Wall Street Outlook                   800-443-
                                                                                         7628
                                     11/20/01    Stockscape Network Group (Small Cap   800-443-
                                                 Central)                                7628
Douglas M. McKenna -                  11/26/01    Media Broadcast Solutions (Wall       800-443-
business line                                     Street Examiner)                        7628
    (continued)                       11/27/01    Strategic Stock Intelligence, Inc.    800-443-
                                                                                         7628
                                     11/28/01    Advanced Communications               800-785-
                                                                                         6698
                                     11/29/01    Market Advisors                       800-331-
                                                                                         4510
                                      12/2/01    Y2 Marketing                          800-822-
                                                                                         9033
                                      12/4/01    Wall Street Reporter                  800-364-
                                                                                         0216
                                      12/5/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                      12/7/01    Bullish Report                        800-331-
                                                                                         4510
                                     12/10/01    Bullish Report                        800-331-
                                                                                         4510
                                     12/11/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     12/18/01    DMGI, Inc. (NAVADA)                   800-443-
                                                                                         7620
                                     12/20/01    Advanced Communications               800-785-
                                                                                         6698
                                      1/15/02    Stock Traders Alert                   800-785-
                                                                                         8505
                                      1/15/02    Holiday Management Group              800-457-
                                                                                         5410
                                      1/16/02    Equity Market Watch                   800-766-
                                                                                         0816
                                      1/22/02    Equity Market Watch                   800-822-
                                                                                         9033
                                      1/23/02    A2Z Financial                         800-965-
                                                                                         7235
                                      1/23/02    Equity Market Watch                   800-766-
                                                                                         0816
                                      1/28/02    IDC Solutions (Independent Dish       800-822-
                                                 Contractors Solutions)                  9033
                                      2/5/02     Wall Street Equity Report             800-331-
                                                                                         4510
                                      2/5/02     Central Imaging Supply                800-976-
                                                                                         3734
                                      2/7/02     Equity Market Watch                   800-976-
                                                                                         3734
                                      2/8/02     Equity Market Watch                   800-766-
                                                                                         0816
                                      2/13/02    eStock Pick of The Week               800-331-
                                                                                         4510
                                      2/16/02    Y2 Marketing                          800-822-
                                                                                         9033
                                      2/22/02    Financial Freedom Report              800-331-
                                                                                         4510
                                      2/27/02    New Century Mortgage Corporation      800-443-
                                                                                         7628
                                       2/27/02    Bullish Report                        800-331-
                                                                                         4510
                                      3/1/02     Travel To Go                          800-822-
                                                                                         9033
Douglas M. McKenna -                   3/14/02    Vacation Getaway Travel, Inc.         800-457-
business line                                                                             5410
    (continued)                        3/18/02    Premium Ink                           800-766-
                                                                                         0816
                                      3/26/02    Advanced Communications               800-785-
                                                                                         6698
                                      3/30/03    Y2 Marketing                          800-822-
                                                                                         9033
                                      4/9/02     Travel To Go                          800-822-
                                                                                         9033
                                      4/9/02     Tallclocks, Inc.                      800-457-
                                                                                         5410
                                      4/9/02     Wall Street OTC                       800-331-
                                                                                         4510
                                      4/17/02    Strategic Stock Intelligence, Inc.    800-976-
                                                                                         3734
                                      4/18/02    Toner Zone                            800-976-
                                                                                         3734
                                      4/21/02    Wall Street Watch                     800-766-
                                                                                         0816
                                      4/22/02    eStock Pick of The Week               800-331-
                                                                                         4510
                                      4/23/02    Wall Street Watch                     800-766-
                                                                                         0816
                                      4/29/02    Great West Funding                    800-965-
                                                                                         7235
                                      4/29/02    Wall Street Watch                     800-766-
                                                                                         0816
                                      4/29/02    Bull Run Report                       800-822-
                                                                                         9033
                                      4/30/02    Wall Street Watch                     800-766-
                                                                                         0816
                             67       5/1/02     DSC Inc. (Digital Systems Concepts,   800-822-
                                                 Inc.)                                   9033
Robert R. McMeekin, M.D.               10/2/01    Advanced Communications               800-785-
                                                                                         6698
                                     10/31/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     12/31/01    Cell Direct                           800-766-
                                                                                         0816
                                      1/3/02     Holiday Management Group              800-457-
                                                                                         5410
                                      1/11/02    Advanced Communications               800-785-
                                                                                         6698
                                      1/16/02    Vacation Center                       800-822-
                                                                                         9033
                                      1/30/02    Axin Corporation                      800-822-
                                                                                         9033
                                      2/4/02     Central Imaging Supply                800-976-
                                                                                         3734
                              9       4/3/02     Tallclocks, Inc.                      800-457-
                                                                                         5410
Karl Narveson                  1       1/15/02    Tallclocks, Inc.                      800-457-
                                                                                         5410
Nancy North                            9/26/01    Satellite Country                     800-443-
                                                                                         7628
                                      9/28/01    Central Imaging Supply                800-457-
                                                                                         5410
Nancy North (continued)        3       10/2/01    Dr. Roger Arredondo                   800-443-
                                                                                         7628
Elena C. Rau                   1       11/1/01    American Cellular Inc.                800-822-
                                                                                         9033
Cheryl S. Sandor (K.C.         1      11/15/01    Central Imaging Supply                800-457-
Enterprises                                                                               5410
    of Vero Beach d.b.a. 
Vero Glass
    And Mirror) 
David Schoeller                       10/18/01    Infinity Communications               800-822-
(Independent Medical                                                                      9033
    Evaluations, Inc.)
                                     10/25/01    Infinity Communications               800-822-
                                                                                         9033
                                     11/27/01    Cell Direct                           800-766-
                                                                                         0816
                                      1/7/02     Cell Direct                           800-766-
                                                                                         0816
                                      1/10/02    Advanced Communications               800-785-
                                                                                         6698
                              6       1/20/02    Cell Direct                           800-766-
                                                                                         0816
Vernon Schryver (Rhyolite              9/5/01     Vacation Getaway Travel, Inc.         800-443-
Software)                                                                                 7628
                                      9/6/01     Burt Custom Finance                   800-443-
                                                                                         7628
                                     10/15/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     10/24/01    Investor's Business Report            800-785-
                                                                                         6698
                                     10/31/01    Burt Custom Finance                   800-443-
                                                                                         7628
                                      11/6/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                      1/15/02    4 B's Ventures, Inc.                  800-443-
                                                                                         7628
                                      1/17/02    eStock Pick of The Week               800-331-
                                                                                         4510
                                      1/23/02    Clarion Mortgage                      800-965-
                                                                                         7235
                                      1/28/02    IDC Solutions (Independent Dish       800-822-
                                                 Contractors Solutions)                  9033
                                      1/29/02    IDC Solutions (Independent Dish       800-822-
                                                 Contractors Solutions)                  9033
                                      1/30/02    Advanced Communications               800-785-
                                                                                         6698
                                      2/1/02     Equity Market Watch                   800-766-
                                                                                         0816
                                      2/6/02     Jerve Dominguez d.b.a. AAAOpp.com     800-822-
                                                                                         9033
                             15       2/7/02     Central Imaging Supply                800-766-
                                                                                         0816
Gene Sellards                          10/2/01    Orlando Promotions, Inc.              800-443-
                                                                                         7628
                                     10/10/01    Wall Street Alert                     800-785-
                                                                                         6698
Gene Sellards (continued)             10/11/01    Wall Street Alert                     800-785-
                                                                                         6698
                                     10/15/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     10/15/01    Advanced Communications               800-785-
                                                                                         6698
                                     10/22/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      11/2/01    Y2 Marketing                          800-822-
                                                                                         9033
                                      11/8/01    Strategic Stock Intelligence, Inc.    800-443-
                                                                                         7628
                                      11/9/01    Y2 Marketing                          800-822-
                                                                                         9033
                             10      11/13/01    Central Imaging Supply                800-457-
                                                                                         5410
John C. Steinberger                    5/23/02    Advanced Communications               800-785-
                                                                                         6698
                              2       6/10/02    Vacation Center of Delaware           800-822-
                                                                                         9033
John P. Strang                         9/11/01    Lexington Chiropractic Associates     877-276-
                                                                                         1974
                                     10/16/01    Moneyline Report                      800-364-
                                                                                         0216
                                     10/17/01    Advanced Communications               800-785-
                                                                                         6698
                                     10/29/01    Wall Street Alert                     800-785-
                                                                                         6698
                                     10/29/01    Dr. John Jurcisin                     877-276-
                                                                                         1974
                                      11/2/01    Central Imaging Supply                800-457-
                                                                                         5410
                                      11/6/01    Lexington Chiropractic Associates     877-276-
                                                                                         1974
                                      11/8/01    Tallclocks, Inc.                      800-822-
                                                                                         9033
                                     11/14/01    Dr. John Jurcisin                     877-276-
                                                                                         1974
                                     11/15/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     11/19/01    Advanced Communications               800-785-
                                                                                         6698
                                     11/27/01    Legacy Quote                          800-443-
                                                                                         7628
                                     11/28/01    Lexington Chiropractic Associates     877-276-
                                                                                         1974
                                     11/29/01    Stockscape Network Group (Small Cap   800-443-
                                      (5:14)     Central)                                7628
                                     11/29/01    Stockscape Network Group (Small Cap   800-443-
                                      (8:39)     Central)                                7628
                                      12/5/01    Kit Stuff Wireless/Elephant Wireless  800-822-
                                                                                         9033
                                      12/7/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                     12/14/01    Advanced Communications               800-785-
                                                                                         6698
                                     12/17/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
John P. Strang (continued)             1/9/02     Lexington Chiropractic Associates     877-276-
                                                                                         1974
                                      1/10/02    Discount Funding Associates, Inc.     800-822-
                                                                                         9033
                                      1/15/02    Media Broadcast Solutions (The Stock  800-766-
                                                 Bulletin)                               0816
                                      1/15/02    Dr. John Jurcisin                     877-276-
                                                                                         1974
                                      1/18/02    Lana Rozenberg, DDS                   800-443-
                                                                                         7628
                                      1/29/02    Wall Street Equity Report             800-331-
                                                                                         4510
                                      2/1/02     Vacation Center                       800-822-
                                                                                         9033
                                      2/3/02     Y2 Marketing                          800-766-
                                                                                         0816
                                      2/7/02     Financial Freedom Report              800-331-
                                                                                         4510
                                      2/11/02    Midtown Medical and Health Offices,   800-766-
                                                 P.C.                                    0816
                             30       2/12/02    Quote Master USA Ltd.                 800-443-
                                                                                         7628
Wayne George Strang                    10/1/01    Elite Communications                  800-822-
                                                                                         9033
                                      10/5/01    Call Center Network - The Wireless    800-822-
                                                 Center                                  9033
                                     10/16/01    Wall Street Alert                     800-785-
                                                                                         6698
                                     10/17/01    Elite Communications                  800-822-
                                                                                         9033
                                     10/22/01    Creative Solutions                    800-443-
                                                                                         7628
                                     10/23/01    Dishmaster                            800-822-
                                                                                         9033
                                     10/23/01    Elite Communications                  800-822-
                                                                                         9033
                                     10/24/01    Central Imaging Supply                800-457-
                                                                                         5410
                                     10/25/01    Infinity Communications               800-822-
                                                                                         9033
                                      1/14/02    IDC Solutions (Independent Dish       800-822-
                                                 Contractors Solutions)                  9033
                                      1/16/02    Tallclocks, Inc.                      800-457-
                                                                                         5410
                                      1/19/02    Y2 Marketing                          800-822-
                                                                                         9033
                                      1/22/02    Elite Communications                  800-976-
                                                                                         3734
                                      1/31/02    Holiday Management Group              800-457-
                                                                                         5410
                                      2/7/02     American Benefit Mortgage, Inc.       800-992-
                                                                                         5329
                                      2/8/02     Elite Communications                  800-822-
                                                                                         9033
                                      2/14/02    Central Imaging Supply                800-457-
                                                                                         5410
                                      2/16/02    Y2 Marketing                          800-766-
                                                                                         0816
Wayne George Strang                    2/19/02    Elite Communications                  800-766-
(continued)                                                                               0816
                                      2/24/02    Y2 Marketing                          800-766-
                                                                                         0816
                                      2/25/02    DreamQuest International Travel       800-766-
                                                                                         0816
                                      3/6/02     Elite Communications                  800-766-
                                                                                         0816
                                      3/7/02     Holiday Management Group              800-457-
                                                                                         5410
                                      3/12/02    Holiday Management Group              800-457-
                                                                                         5410
                                      3/15/02    Vacation Center of Delaware           800-822-
                                                                                         9033
                                      3/15/02    American Benefit Mortgage, Inc.       800-992-
                                                                                         5329
                                   3/22/02 (3:51 Elite Communications                  800-822-
                                       p.m.)                                             9033
                                   3/22/02 (5:47 Elite Communications                  800-822-
                                       p.m.)                                             9033
                                      3/22/02    Telecommservices.net (Fine            800-965-
                                                 Telecommunications, Inc.)               7235
                                      4/10/02    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
                                      4/16/02    Elite Communications                  800-822-
                                                                                         9033
                                      4/22/02    Partnership for Education             800-976-
                                                                                         3734
                                      4/24/02    Holiday Management Group              800-457-
                                                                                         5410
                                      4/26/02    1st Capital Lending & Realty          800-766-
                                                                                         0816
                                      4/29/02    Bull Run Report                       800-822-
                                                                                         9033
                                      4/29/02    Free Digital Phone Center             800-766-
                                                                                         0816
                                      5/5/02     Stock Pick of the Month Report        800-331-
                                                                                         4510
                                      5/7/02     Vacation Center of Delaware           800-822-
                                                                                         9033
                                      5/9/02     Wall Street Stock Alerts              800-766-
                                                                                         0816
                                      5/9/02     Free Digital Phone Center             800-766-
                                                                                         0816
                                      5/13/02    Mortgage Lending Group                800-822-
                                                                                         9033
                                      5/20/02    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
                                      5/21/02    Free Digital Phone Center             800-766-
                                                                                         0816
                                      5/29/02    Wall Street Watch                     800-766-
                                                                                         0816
                                      6/7/02     Holiday Management Group              800-457-
                                                                                         5410
                                      6/10/02    Vacation Getaway Travel, Inc.         800-457-
                                                                                         5410
                                      6/17/02    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
Wayne George Strang           48       6/19/02    Free Digital Phone Center             800-766-
(continued)                                                                               0816
D. Leon Taylor (Dethloff &            10/15/01    Wall Street Alert                     800-785-
Associates)                                                                               6698
                                     10/16/01    Y2 Marketing                          800-822-
                                                                                         9033
                              3      10/22/01    Moneyline Report                      800-364-
                                                                                         0216
Craig C. Truitt (Truitt,               1/7/02     eStock Pick of The Week               800-331-
Brown & Truitt)                                                                           4510
                                      1/8/02     Y2 Marketing                          800-766-
                                                                                         0816
                                      1/14/02    Media Broadcast Solutions (The Stock  800-766-
                                                 Bulletin)                               0816
                                      1/16/02    Financial Freedom Report              800-331-
                                                                                         4510
                                      1/18/02    Stock Traders Alert                   800-785-
                                                                                         8505
                                      1/22/02    Axin Corporation                      800-822-
                                                                                         9033
                                      1/23/02    Equity Market Watch                   800-822-
                                                                                         9033
                                      1/25/02    Telecommservices.net (Fine            800-965-
                                                 Telecommunications, Inc.)               7235
                                      1/27/02    Y2 Marketing                          800-766-
                                                                                         0816
                                      1/28/02    Wall Street Equity Report             800-331-
                                                                                         4510
                                      1/31/02    Equity Market Watch                   800-976-
                                                                                         3734
                                      2/2/02     Y2 Marketing                          800-766-
                                                                                         0816
                                      2/4/02     Investors Today                       800-331-
                                                                                         4510
                             14       2/6/02     Equity Market Watch                   800-766-
                                                                                         0816
Andrew Neill Vollmer                  11/14/01    Cell Direct                           800-766-
                                                                                         0816
                                     11/28/01    Media Broadcast Solutions (Wall       800-443-
                                                 Street Examiner)                        7628
                                      12/7/01    Advanced Communications               800-785-
                                                                                         6698
                                     12/17/01    Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                                     12/31/01    Cell Direct                           800-766-
                                                                                         0816
                                      2/14/02    Vacation Center                       800-822-
                                                                                         9033
                                      2/17/02    Y2 Marketing                          800-766-
                                                                                         0816
                              8       2/25/02    Advanced Communications               800-785-
                                                                                         6698
William Robert White                  12/11/01    Bagoba                                800-443-
(Regency                                                                                  7620
    Sales, Inc.)
                                     12/17/01    Elite Communications                  800-822-
                                                                                         9033
William Robert White                  12/17/01    Lou Gaudio's Health Club & Day Spa    800-443-
(continued)                                                                               7628
                                     12/17/01    South Coast Optometry                 800-992-
                                                                                         5329
                                     12/17/01    Call Center Network - The Wireless    800-822-
                                                 Center                                  9033
                                      1/16/02    Free Digital Phone Center             800-976-
                                                                                         3734
                                      1/17/02    Dale Carnegie Training                800-822-
                                                                                         9033
                                      1/17/02    Call Center Network - The Wireless    800-822-
                                                 Center                                  9033
                                      1/30/02    Central Imaging Supply                800-976-
                                                                                         3734
                                      1/31/02    Elite Communications                  800-822-
                                                                                         9033
                                      2/5/02     Vacation Getaway Travel, Inc.         800-822-
                                                                                         9033
                             12       2/12/02    Wall Street Alert                     800-785-
                                                                                         6698
Richard M. Zelma                      10/29/01    LifeQuotes of America, Inc.           800-443-
                                                                                         7628
                                     10/30/01    Investor's Business Report (The Wall  800-785-
                                                 Street Alert)                           6698
                                     10/30/01    2 For 1 Inkjet                        800-822-
                                                                                         9033
                              4      10/31/01    Keep in Touch Stuff/Kit Stuff         800-822-
                                                 Wireless                                9033
                             489

---------------------------------------------------------------------------
                                                         TABLE 2

       Fax.com Advertisers and Associated Opt-Out Numbers
  (Fax.com, Inc., Notice of Apparent Liability for Forfeiture, 
                           FCC 02-226)


              ADVERTISER              NUMBER OF  FAX.COM 
  (Bold type denotes advertiser that    FAXES    OPT-OUT 
    is not identified by fax text)              NUMBER(S)

1st Capital Lending & Realty              1     800-766-
                                                  0816
2 For 1 Inkjet                            1     800-822-
                                                  9033
4 B's Ventures, Inc.                      1     800-443-
                                                  7628
A2Z Financial                             1     800-965-
                                                  7235
Absolute Wireless                         3     800-443-
                                                  7628
                                                800-822-
                                                  9033
Accounting Solutions                      1     800-822-
                                                  9033
Advanced Communications                  37     800-785-
                                                  6698
Altimate Marketing                        2     800-976-
                                                  3734
American Benefit Mortgage, Inc.           2     800-992-
                                                  5329
American Cellular Inc.                    4     800-822-
                                                  9033
American Marble Liquidators               1     800-822-
                                                  9033
Apollo Transportation                     1     800-822-
                                                  9033
Axin Corporation                          7     800-822-
                                                  9033
Bagoba                                    2     800-443-
                                                  7620
Bentley Mortgage                          1     900-822-
                                                  9033
Bridge 21/American Financial              1     800-976-
Services                                          3834
Bridge 21/Financial Management            1     800-766-
Solutions                                         0816
Bull Run Report                           2     800-822-
                                                  9033
Bullish Report                            6     800-331-
                                                  4510
Burt Custom Finance                       8     800-443-
                                                  7628
                                                800-822-
                                                  9033
Businesscoach.com                         1     800-766-
                                                  0816
Call Center Network/The Wireless          9     800-822-
Center                                            9033
Carpal Tunnel Injury Center               1     800-766-
                                                  0816
Cell Direct                              17     800-766-
                                                  0816
                                                800-822-
                                                  9033
                                                800-965-
                                                  7235
Central Imaging Supply                   27     800-457-
                                                  5410
                                                800-766-
                                                  0816
                                                800-976-
                                                  3734
Choice Wireless                           2     800-822-
                                                  9033
Clarion Mortgage                          1     800-965-
                                                  7235
Creative Solutions                        1     800-443-
                                                  7628
Dale Carnegie Training                    1     800-822-
                                                  9033
Digital Systems Concepts, Inc. (DSC,      3     800-766-
Inc.)                                             0816
                                                800-822-
                                                  9033
Discount Funding Associates, Inc.         1     800-822-
                                                  9033
Dishmaster                                1     800-822-
                                                  9033
DMGI, Inc. (NAVADA)                       1     800-443-
                                                  7620
Dr. John Jurcisin                         3     877-276-
                                                  1974
Dr. Roger Arredondo                       4     800-443-
                                                  7628
                                                800-822-
                                                  9033
DreamQuest Travel/DreamQuest              3     800-766-
International Travel                              0816
Elite Communications                     16     800-766-
                                                  0816
                                                800-822-
                                                  9033
                                                800-976-
                                                  3734
Equity Market Watch                      10     800-766-
                                                  0816
                                                800-822-
                                                  9033
                                                800-976-
                                                  3734
eStock Pick of the Week                   8     800-331-
                                                  4510
Fax.com                                   1     800-443-
                                                  7628
Financial Freedom Report                  3     800-331-
                                                  4510
First Chartered Investments               2     800-443-
                                                  5716
Florida Reservations                      1     877-276-
                                                  1974
Free Digital Phone Center                 5     800-766-
                                                  0816
                                                800-976-
                                                  3734
Futuredreams                              1     800-822-
                                                  9033
Global Key Holiday International          1     800-443-
    a.k.a.Fantasy Marketing and                   7628
Research
Great West Funding                        1     800-965-
                                                  7235
Greater Orlando Vacation                  1     800-822-
                                                  9033
Holiday Management Group                 13     800-457-
                                                  5410
Holiday Orlando (``Travel News            2     800-457-
Release'')                                        5410
Independent Dish Contractors              4     800-822-
Solutions (IDC Solutions)                         9033
Infinity Communications                   9     800-822-
                                                  9033
Investor's Business Report                5     800-785-
                                                  6698
Investors Today                           3     800-331-
                                                  4510
Jerve Dominguez d.b.a. AAAOpp.com         1     800-822-
                                                  9033
JWP                                       1     800-822-
                                                  9033
Kit Stuff Wireless/Keep In Touch          4     800-822-
Stuff/Elephant Wireless                           9033
Lana Rozenberg, DDS                       1     800-443-
                                                  7628
Legacy Quote                              1     800-443-
                                                  7628
Lexington Chiropractic Associates         4     877-276-
                                                  1974
LifeQuotes of America, Inc.               4     800-443-
                                                  7628
                                                800-976-
                                                  3734
Lou Gaudio's Health Club & Day Spa        1     800-443-
                                                  7628
Market Advisors                           1     800-331-
                                                  4510
Market Wizard Alerts                      1     800-331-
                                                  3622
MBA Financial Group                       1     800-443-
                                                  7628
Media Broadcast Solutions (The Stock 
Bulletin/Wall                            19     800-766-
    Street Examiner)                              0816
                                                800-443-
                                                  7628
Midtown Medical and Health Offices,       1     800-766-
P.C.                                              0816
Moneyline Report                          9     800-364-
                                                  0216
Mortgage  Lending Group                   1     800-822-
                                                  9033
Mortgage Market                           1     800-443-
                                                  7628
National Communications                   1     800-822-
                                                  9033
NBM Information                           1     800-331-
                                                  4510
New Century Mortgage Corporation          2     800-443-
                                                  7628
Office Warehouse                          7     800-766-
                                                  0816
Orlando Promotions, Inc.                  2     800-443-
                                                  7628
Partnership for Education                 2     800-976-
                                                  3734
Premium Ink                               1     800-766-
                                                  0816
Quality Auto Mart                         1     800-443-
                                                  7628
Quote Master USA Ltd.                     1     800-443-
                                                  7628
Rocky Mountain Financial                  1     800-443-
                                                  5716
Rosenbaum Chiropractic and Carpal         3     800-965-
Tunnel Clinic                                     7235
Satellite Country                         2     800-443-
                                                  7628
                                                800-766-
                                                  0816
South Coast Optometry                     1     800-992-
                                                  5329
South Cooper Auto Mart                    4     800-443-
                                                  7628
                                                800-822-
                                                  9033
Stock Pick of the Month Report            1     800-331-
                                                  4510
Stock Traders Alert                       8     800-785-
                                                  8505
Stockscape Network Group (Small Cap       6     800-364-
Central)                                          0216
                                                800-443-
                                                  7628
Strategic Stock Intelligence, Inc.        8     800-443-
                                                  7628
                                                800-331-
                                                  4510
                                                800-976-
                                                  3734
Tallclocks, Inc.                          8     800-457-
                                                  5410
.                                               800-822-
                                                  9033
Telecommservices.net (Fine                4     800-965-
Telecommunications, Inc.)                         7235
Ticket Solutions                          1     800-822-
                                                  9033
Toner Zone                                1     800-976-
                                                  3734
Tower Group                               1     800-457-
                                                  5410
Travel To Go                              3     800-822-
                                                  9033
Union Trust Mortgage                      3     800-443-
                                                  7628
                                                800-766-
                                                  0816
Vacation Center                           8     800-822-
                                                  9033
Vacation Center of Delaware               3     800-822-
                                                  9033
Vacation Getaway Travel, Inc.            34     800-457-
                                                  5410
                                                800-822-
                                                  9033
                                                800-443-
                                                  7628
                                                800-457-
                                                  5410
Vacation Showroom (``Corporate            2     800-822-
Travel Division'')                                9033

Vacation Warehouse                        3     800-443-
                                                  7628
                                                800-663-
                                                  8758
                                                800-822-
                                                  9033
Veb Tickets                               1     800-822-
                                                  9033
Wall Street Alert                        12     800-785-
                                                  6698
Wall Street Equity Report                 3     800-331-
                                                  4510
Wall Street Investment Alert              2     800-331-
                                                  4510
                                                800-443-
                                                  7628
Wall Street OTC                           1     800-331-
                                                  4510
Wall Street Outlook                       2     800-443-
                                                  7628
Wall Street Reporter                      2     800-364-
                                                  0216
Wall Street Stock Alerts                  1     800-766-
                                                  0816
Wall Street Watch                         5     800-766-
                                                  0816
Wireless Center                           1     800-822-
                                                  9033
Wireless Connections                      2     800-822-
                                                  9033
Wireless Telecom                          1     800-822-
                                                  9033
Y2 Marketing                             37     800-663-
                                                  8758
                                                800-766-
                                                  0816
                                                800-822-
                                                  9033
                                         489

---------------------------------------------------------------------------
                                                         TABLE 3


       Fax.com Opt-Out Numbers and Associated Advertisers
  (Fax.com, Inc., Notice of Apparent Liability for Forfeiture, 
                           FCC 02-226)


  FAX.COM 
  OPT-OUT               ADVERTISER
  NUMBER

 877-276-  Dr. John Jurcisin
   1974
           Florida Reservations
           Lexington Chiropractic Associates
 800-331-  Market Wizard Alerts
   3622
 800-331-  Bullish Report
   4510
           eStock Pick of The Week
           Financial Freedom Report
           Investors Today
           Market Advisors
           NMB Information
           Stock Pick of the Month Report
           Strategic Stock Intelligence, Inc.
           Wall Street Equity Report
           Wall Street Investment Alert
           Wall Street OTC
 800-364-  Moneyline Report
   0216
           Stockscape Network Group (Small Cap 
           Central)
           Wall Street Reporter
 800-443-  First Chartered Investments
   5716
           Rocky Mountain Financial
 800-443-  Bagoba
   7620
           DMGI, Inc. (NAVADA)
 800-443-  4 B's Ventures, Inc.
   7628
           Absolute Wireless
           Burt Custom Finance
           Creative Solutions
           Dr. Roger Arredondo
           Fax.com
           Global Key Holiday International
               a.k.a.Fantasy Marketing and 
           Research
           Lana Rozenberg, DDS
           Legacy Quote
           LifeQuotes of America, Inc.
           Lou Gaudio's Health Club & Day Spa
           MBA Financial Group
           Media Broadcast Solutions (Wall 
           Street Examiner)
           Mortgage Market
 800-443-  New Century Mortgage Corporation
   7628
 (contin-  Orlando Promotions, Inc.
   ued)
           Quality Auto Mart
           Quote Master USA Ltd.
           Satellite Country
           South Cooper Auto Mart
           Stockscape Network Group (Small Cap 
           Central)
           Strategic Stock Intelligence, Inc.
           Union Trust Mortgage
           Vacation Getaway Travel, Inc.
           Vacation Warehouse
           Wall Street Investment Alert
           Wall Street Outlook
 800-457-  Central Imaging Supply
   5410
           Holiday Management Group
           Holiday Orlando (``Travel News 
           Release'')
           Tallclocks, Inc.
           Tower Group
           Vacation Getaway Travel, Inc.
 800-663-  Vacation Warehouse
   8758
           Y2 Marketing
 800-766-  1st Capital Lending & Realty
   0816
           Bridge 21/Financial Management 
           Solutions
           Businesscoach.com
           Carpal Tunnel Injury Center
           Cell Direct
           Central Imaging Supply
           Digital Systems Concepts, Inc. 
           (DSC, Inc.)
           DreamQuest International Travel
           Elite Communications
           Equity Market Watch
           Free Digital Phone Center
           Media Broadcast Solutions (Wall 
           Street Examiner)
           Midtown Medical and Health Offices, 
           P.C.
           Office Warehouse 
           Premium Ink
           Satellite Country
           Union Trust Mortgage
           Wall Street Stock Alerts
           Wall Street Watch
           Y2 Marketing
 800-785-  Advanced Communications
   6698
           Investor's Business Report
           Wall Street Alert
 800-785-  Stock Traders Alert
   8505
 800-822-  2 For 1 Inkjet
   9033
           Absolute Wireless
           Accounting Solutions
           American Cellular Inc.
           American Marble Liquidators
           Apollo Transportation
           Axin Corporation
           Bentley Mortgage
           Burt Custom Finance
           Bull Run Report
           Call Center Network - The Wireless 
           Center
           Cell Direct
           Choice Wireless
           Dale Carnegie Training
           Digital Systems Concepts, Inc. 
           (DSC, Inc.)
           Discount Funding Associates, Inc.
           Dishmaster
           Dr. Roger Arredondo
           Equity Market Watch
           Futuredreams
           Greater Orlando Vacation
           Independent Dish Contractors 
           Solutions/IDC Solutions
           Infinity Communications
           Jerve Domínguez d.b.a. AAAOpp.com
           JWP
           Kit Stuff Wireless/Keep In Touch 
           Stuff/Elephant Wireless
           Mortgage Lending Group
           National Communications
           Office Warehouse
           South Cooper Auto Mart
           Tallclocks, Inc.
           Ticket Solutions
           Travel To Go
           Vacation Center
           Vacation Center of Delaware
           Vacation Getaway Travel, Inc.
           Vacation Showroom 
           Vacation Warehouse
           Veb Tickets
           Wireless Center
           Wireless Connections
           Wireless Telecom
 800-822-  Y2 Marketing
   9033
 (contin-
   ued)
 800-965-  A2Z Financial
   7235
           Cell Direct
           Clarion Mortgage
           Great West Funding
           Rosenbaum Chiropractic and Carpal 
           Tunnel Clinic
           Telecommservices.net (Fine 
           Telecommunications, Inc.)
 800-976-  Altimate Marketing
   3734
           Bridge 21/American Financial 
           Services
           Central Imaging Supply 
           Elite Communications
           Equity Market Watch
           Free Digital Phone Center
           LifeQuotes of America
           Partnership for Education
           Strategic Stock Intelligence, Inc.
           Toner Zone
 800-992-  American Benefit Mortgage, Inc.
   5329
           South Coast Optometry
 877-276-  Dr. John Jurcisin
   1974
           Florida Reservations
           Lexington Chiropractic Associates