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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
                              May 11, 2001



Minolta Business Solutions, Inc.             Profit Plus 
Management
101 Williams Drive                      589 Fernwood Lane
Ramsey, New Jersey  07446                    Fairless Hills, 
Pennsylvania  19030
Attention:  Hiroshi Fujii, Pres./CEO              Attention:  
Stephen C. Demshick, Jr.
           Joseph Villanilla, Director
           
Corporation Service Company
1201 Hays Street
Tallahassee, Florida  32301-2525
Attention:  President1

          RE:  EB-01-TC-023

Dear Gentlemen:

     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 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 either the Philadelphia at One Oxford Valley Office Building, 
Room 404, 2300 East Lincoln Highway, Langhorne, Pennsylvania  
19047-1859, the New York Office at 201 Varick Street, Suite 1151, 
New York, New York  10014-4870 or the Tampa Office at 2203 N. 
Lois Avenue, Room 1215, Tampa, Florida  33607-2356.  You can 
contact either the Philadelphia, New York or Tampa office by 
telephone at (215) 752-8549, (212) 337-1865 or (813) 348-1741, 
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-01-TC-023 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 According to the Florida Department of State Division of 
Corporations, Corporations Online Public Inquiry, Corporation 
Service Company is the registered agent for Minolta Business 
Solutions, Inc.