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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
                                                                  
May 9, 2002

Xpedite Systems, Inc.1
100 Tormee Drive
Asbury Park, New Jersey  07712-7502
Attention:  Robert Mainor, President
                  Vincent Devita, Executive Vice President/COO
                  Ian Bedford, Vice President, Finance/CFO
                  Patrick Jones, Vice President/Secretary

Xpedite Systems, Inc.1
PTEK Holdings, Inc.2
3399 Peachtree Road NE, #600
Atlanta, Georgia  30326-1120
Attention:  Boland Jones, CEO
                  Roy Cammarano
                  Theodore Schrafft
                  Max Slifer
                  Jeffrey Allred
                  Richard Buyens
                  Will Franklin
                  Patrick Jones
                  William Thurber
                  Randy Salisbury   
                           
      RE:  EB-02-TC-071

Dear Correspondents: 

     This is an official CITATION, issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended 
(Communications Act), for possible violations of the Telephone 
Consumer Protection Act of 19913 (TCPA) and the Federal 
Communications Commission's rules that implement that Act.4
     It has come to our attention that your company recently 
transmitted to telephone facsimile machines unsolicited 
advertisements for products, goods, or services offered by Wall 
Street Watch a.k.a. Pics L Wallstreet L (see attachments).5  
Pursuant to the 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.''6  

     The TCPA and the Commission's rules also 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.''7

     The term ``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.''8  The Commission has 
specified that an established business relationship between a fax 
sender and recipient constitutes prior express invitation or 
permission to send a facsimile advertisement.9  Mere distribution 
or publication of a fax number, however, does not establish 
consent to receive advertisements by fax.10 
       
     Although entities that merely transmit facsimile messages on 
behalf of others are not liable for compliance with the 
prohibition on faxing unsolicited advertisements,11 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.'''12  
Accordingly, fax transmitters do not enjoy an absolute exemption 
from liability under the TCPA and the Commission's Rules. 

     This citation serves as notice that the unsolicited 
facsimile advertisements sent by Wall Street Watch a.k.a. Pics L 
Wallstreet L and transmitted by your company violate the TCPA and 
the Commission's Rules.  The Commission may assess to your 
company monetary forfeitures not to exceed $11,000 for each 
subsequent violation if (1) your company has been highly involved 
on behalf of the sender of any unsolicited facsimile 
advertisements, or (2) your company continues to transmit 
facsimile advertisements for Wall Street Watch a.k.a Pics L 
Wallstreet L without taking steps to ensure that the sender has 
obtained permission from recipients to fax the advertisements.

     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 New York Office at 201 Varick Street, Room 1151, 
New York, New York  10014 or the Atlanta Office at Koger Center-
Gwinnett -- Room 320, 3575 Koger Boulevard, Duluth, Georgia  
30096.  You can contact the New York Office or the Atlanta Office 
by telephone at, (888) 225-5322 or (770) 935-3370, 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 

Please reference EB-02-TC-071 when corresponding with the 
Commission.

     If you choose to submit a written statement, you should 
discuss in detail your company's involvement in faxing 
advertisements on behalf of Wall Street Watch a.k.a. Pics L 
Wallstreet L, including any specific arrangements under which you 
transmit their advertisements.  Please provide copies of any 
contracts or agreements that memorialize the terms and conditions 
under which you fax for Wall Street Watch.  You should also 
answer the following questions: 

     1.   Has your company had any control over or involvement in 
       determining the content of advertisements transmitted by 
       facsimile on behalf of Wall Street Watch a.k.a. Pics L 
       Wallstreet L or any other entities on whose behalf you 
       transmit advertisements by facsimile?  Please describe 
       such control or involvement in detail.  

     2.   Who provided, compiled, or generated the distribution 
       list(s) of telephone facsimile numbers that your company 
       has used to transmit advertisements on behalf of Wall 
       Street Watch a.k.a. Pics L Wallstreet L or any other 
       entities on whose behalf you transmit advertisements by 
       facsimile?  

     3.   If your company has been involved in any way in 
       providing, compiling, generating, or editing the 
       distribution list(s) of telephone facsimile numbers that 
       your company has used to transmit advertisements on 
       behalf of Wall Street Watch a.k.a. Pics L Wallstreet L or 
       any other entities on whose behalf you transmit 
       advertisements by facsimile, describe in detail the 
       process by which your company produces or participates in 
       the generation of such list(s).  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 
       list(s)?  Please describe such arrangements in detail. 

     4.   If your company has been involved in any way in 
       providing, compiling, generating, or editing the 
       distribution list(s) of telephone facsimile numbers that 
       your company has used to transmit advertisements on 
       behalf of Wall Street Watch a.k.a. Pics L Wallstreet L or 
       any other entities on whose behalf you transmit 
       advertisements by facsimile, what steps has your company 
       taken to ensure that the telephone facsimile numbers 
       belong to individuals or entities who have agreed, by 
       explicit consent or by virtue of an established business 
       relationship with the advertiser, to receive the 
       advertisement?  Please describe in detail the manner in 
       which you record consumers' consent or the existence of 
       an established business relationship and provide copies 
       of any written record-keeping policies with respect to 
       maintaining evidence of such consent or business 
       relationship. 

     5.   Does your company advertise its fax transmittal 
       services, and, if so, by what means?  Please provide 
       copies of all print, audio, and video materials that have 
       been used within the past year to advertise your 
       company's fax transmittal services.  For each 
       advertisement, list the media in which the advertisement 
       appeared and the date(s) of such appearance(s).

     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 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    The Telecommunications Consumers Division has obtained 
information that Xpedite Systems, Inc. has approximately 46 
multiple branches and divisions throughout the United States and 
at various international locations.

2    The Telecommunications Consumers Division has obtained 
information that Xpedite Systems, Inc. is a subsidiary of PTEK 
Holdings, Inc.

3    Pub.L. No. 102-243, 105 Stat. 2394-2402 (1991) (codified at 
47 U.S.C.  227).  
4
     47 C.F.R.  64.1200.
 
5 In addition to the advertisement(s) referenced by and attached 
to this citation, the complaining party may also have included 
with the complaint one or more facsimile advertisements 
transmitted by other senders.  This citation concerns only the 
facsimile advertisement(s) referenced by and attached to the 
citation, and your response only needs to address such 
advertisement(s).

6    47 U.S.C.  227(b)(1)(C); 47 C.F.R.  64.1200(a)(3).

7    47 U.S.C.  227(d)(1)(B); 47 C.F.R.  68-318(d).

8    47 U.S.C.  227(a)(4); 47 C.F.R.  64.1200(f)(5).
 
9    Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, Report and Order, 7 FCC Rcd 8752, 8779 n. 
87 (1992) (TCPA Report and Order); Rules and Regulations 
Implementing the Telephone Consumer Protection Act of 1991, 
Memorandum Opinion and Order, 10 FCC Rcd 12391, 12408 (1995) 
(TCPA Memorandum Opinion and Order).
10
     TCPA Memorandum Opinion and Order, 10 FCC Rcd 12391, 12408. 

11   Id. at 12407. 

12   TCPA Report and Order, 7 FCC Rcd 8752, 8780 (1992) (quoting 
Use of Common Carriers, 2 FCC Rcd 2819, 2820 (1987).)