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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
January 12, 2001
Richard Lyons Bryant Freeman
President President
Cellular One Group Keith Freeman1
5001 LBJ Freeeway Wireless Edge
Suite 700 12423 Hedges Run Drive
Dallas, Texas 75244 Lakeridge, Virginia
22192
Jeffrey D. Basham Robert Gordon
Wireless Edge Regional President
Cellular One Cellular One/Cingular
11913 Oakwood Drive 7855 Walker Drive
Woodbridge, Virginia 22192-1305 Greenbelt, Maryland
20770
RE: EB-00-TC-177
Dear Correspondents:
This is an official CITATION issued pursuant to section
503(b)(5) of the Communications Act of 1934, as amended (the
Communications Act), 47 U.S.C. § 503(b)(5).
It has come to our attention that your company recently sent
unsolicited advertisements to telephone facsimile machines at the
Federal Communications Commission (see attachment). Pursuant to
the Telephone Consumer Protection Act of 1991 (TCPA) and the
Commission's rules, it is unlawful to use a ``telephone facsimile
machine, computer, or other device to send an unsolicited
advertisement to a telephone facsimile machine.'' 47 U.S.C. §
227(b)(1)(C); 47 C.F.R. § 64.1200(a)(3).
In addition to the violation identified above, it appears
that your company has also violated the provisions of the TCPA
and the Commission's rules that require any person or entity who
sends a message via a telephone facsimile machine to clearly mark
``in a margin at the top or bottom of each transmitted page of
the message or on the first page of the transmission, the date
and time it is sent and an identification of the business, other
entity, or individual sending the message and the telephone
number of the sending machine or of such business, other entity,
or individual.'' 47 U.S.C. § 227(d)(1)(B); 47 C.F.R. §
68.318(d).
Please be advised that subsequent violations of the
Communications Act or of the Commission's rules may result in the
imposition of monetary forfeitures not to exceed $11,000 for each
such violation or each day of a continuing violation. See 47
C.F.R. § 1.80(b)(3).
The phrase ``unsolicited advertisement'' is defined in the
TCPA and the Commission's rules 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.'' 47 U.S.C. § 227(a)(4);
47 C.F.R. § 64.1200(f)(5). Both the TCPA and the Commission's
rules define ``telephone facsimile machine'' as ``equipment which
has the capacity
to transcribe text or images, or both, from paper into an
electronic signal and to transmit that signal over a regular
telephone line, or to transcribe text or images (or both) from an
electronic signal received over a regular telephone line onto
paper.'' 47 U.S.C. § 227(a)(2); 47 C.F.R. § 64.1200(f)(2).
Addressing the TCPA's definition of ``telephone facsimile
machine,'' the Commission stated that ``[f]ax modem boards are
the functional equivalent of stand-alone facsimile machines.''
Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991, 10 FCC Rcd 12391, 12405, para. 29 (1995).
Pursuant to section 503(b)(5) of the Communications Act, you
may request a personal interview at the closest FCC location to
your place of business. The closest offices appear to be either
the FCC's headquarters location at 445-12th Street, S.W.,
Washington, D.C. 20554 or the Dallas Office at 9330 LBJ Freeway,
Room 1170, Dallas, Texas 75243-3429, which you can contact by
telephone at 202-418-7320 and 214-575-6361, respectively. You
must schedule this interview to take place within 21 days of the
date of this citation. Alternatively, you may submit a written
statement to the following address within 21 days of the date of
this citation:
Kurt A. Schroeder
Deputy Chief, Telecommunications Consumers
Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W.
Washington, D.C. 20554
If you choose to submit a written statement, your written
statement should specify what actions have been taken to correct
the violation outlined above. Please reference EB-00-TC-177 when
corresponding with the Commission.
Under the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3), we
are informing you that the Commission's staff will use all
relevant material information before it to determine what, if
any, enforcement action is required to ensure your compliance
with the TCPA and the Commission's rules. This will include any
information that you disclose in your interview or written
statement. Please be advised that if you choose not to respond
to this citation and a Notice of Forfeiture is issued, your
unresponsiveness will be considered in our assessment of a
forfeiture amount.
You should also be aware that the knowing and willful making
of any false statement, or the concealment of any material fact,
in reply to this citation is punishable by fine or imprisonment
under 18 U.S.C. § 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kurt A. Schroeder
Deputy Chief, Telecommunications
Consumers Division
Enforcement Bureau
Federal Communications Commission
Enclosures
_________________________
1 Keith Freeman of Wireless Edge is identified as the website
registrant for www.gowirelessedge.com, a website listed in the
unsolicited advertisement in question.