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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

                              May 31, 2001



Daniel Garza                            Daniel Garza
Owner                                   Owner
Prepaid Telecom.com                     Prepaid Telecom.com
a.k.a. Spidersegg.com                        a.k.a. 
Spidersegg.com
21423 Park Downe Lane                   5903 Richmond Avenue
Katy, Texas  77450                      Houston, Texas  77057

Daniel Garza                            Daniel Garza
Owner                                   Owner
Prepaid Telecom.com                     Prepaid Telecom.com
a.k.a. Spidersegg.com                        a.k.a. 
Spidersegg.com
Rural Route 1853                        3214 Continental
Mission, Texas  78572                   Missouri City, Texas  
77459

          RE:  EB-01-TC-016

Dear Mr. Garza:

     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 
an unsolicited advertisement to a telephone facsimile machine 
(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 for common carriers, subsequent 
violations of the Communications Act or of the Commission's rules 
may result in the imposition of monetary forfeitures not to 
exceed $120,000 for each such violation or each day of a 
continuing violation.  See 47 C.F.R. § 1.80(b)(2).

     Please be advised that for non-common carriers 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 Commission's Field Office 
nearest to your place of business.  The nearest office appears to 
be the Dallas Texas Office at 9330 LBJ Freeway, Room 1170, 
Dallas, Texas  75243-3429, which you can contact by telephone at 
(214) 575-6361.  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-01-TC-016 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