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                  FEDERAL COMMUNICATIONS COMMISSION
                       WASHINGTON, D.C. 20554
             
                                       August 6, 2002





Michael Miller Insurance Agency              Michael Miller Insurance 
Agency    
a.k.a. MMB Insurance                         a.k.a. MMB Insurance
a.k.a. M.C. ``Mike'' Miller Agency, Inc.          a.k.a. M.C. 
``Mike'' Miller Agency, Inc.
a.k.a. Michael Miller Briggs Insurance Agency     a.k.a. Michael 
Miller Briggs Insurance Agency
a.k.a. Michael Miller Briggs and Associates       a.k.a. Michael 
Miller Briggs and Associates
a.k.a. Briggs Insurance Agency               a.k.a. Briggs Insurance 
Agency
33 East North Street                         2400 Briggs Road
Worthington, Ohio  43085-4086           Columbus, Ohio  43223-3145
Attention:  David R. Michael, Pres.               Attention:  David 
R. Michael, Pres.
            Bonnie Michael, Vice Pres.                  Bonnie 
Michael, Vice Pres.
                   Joseph M. Briggs, II, Owner/Vice Pres.              
Joseph M. Briggs, II, Owner/Vice Pres.

David R. and Bonnie Michael 
6681 Markwood Street
Worthington, Ohio  43085-2482

     RE:  EB-02-TC-139

Dear Correspondents:

     This is an official CITATION issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the Act), 
for violations of the Act and the Federal Communications Commission's 
rules that govern telephone solicitation.1

     It has come to our attention that your company has delivered one 
or more prerecorded unsolicited advertisements to residential 
telephone lines (see attachment).  The Act and the Commission's rules 
prohibit transmission of unsolicited advertisements through 
prerecorded messages to residential telephone lines except under the 
very limited circumstances described in 




the rules.2   The term ``unsolicited advertisement'' is defined in 
the Communications Act 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.''3    The attached information provided to 
the Commission indicates that your company delivered such unsolicited 
advertisements, through prerecorded messages, to one or more 
residential telephone subscribers who do not have an established 
business relationship with your company and had not expressly invited 
or authorized the call(s).  Those actions violate section 
64.1200(a)(2) of the Commission's rules.

     Separately, it appears that your company may have violated other 
Commission rules governing prerecorded messages and telephone 
solicitation.  Under section 64.1200(e)(2)(iv), any telephone 
solicitation - whether live or prerecorded - must provide the called 
party with the name of the individual caller, the name of the person 
or entity on whose behalf the call is being made, and an address or 
telephone number (which may not be for an autodialer or prerecorded 
message player) at which the person or entity may be contacted.4   
According to the attached information received by the Commission, it 
appears that your telephone solicitation did not contain all the 
required information.

     Please be advised that subsequent violations of the 
Communications Act or of the Commission's rules of the type described 
herein  may result in the imposition of monetary forfeitures not to 
exceed $11,000 for each such violation or each day of a continuing 
violation. 5

     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 Detroit Office at 24897 Hathaway Street, Farmington Hills, 
Michigan  48335-1552.  You can contact the Detroit Office by 
telephone at (248) 471-5661.  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(s) outlined above.  You should also include a copy of your 
company's written do-not-call policy as required by section 
64.1200(e)(2)(i) of the Commission's rules.    Please reference EB-
02-TC-139 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 Act 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   47 U.S.C  227; 47 C.F.R.  64.1200.

2   The Commission's rules make it unlawful to ``initiate any 
telephone call using an artificial or prerecorded voice to deliver a 
message without the prior express consent of the called party unless 
the call is initiated for emergency purposes or ... is not made for a 
commercial purpose, is made for a commercial purpose but does not 
include the transmission of any unsolicited advertisement, [is made] 
to any person with whom the caller has an established business 
relationship at the time the call is made, or [is made by or on 
behalf of] a tax-exempt nonprofit organization.  47 C.F.R.  
64.1200(a)(2), (c); see also 47 U.S.C.  227(b)(1)(B) (prohibiting 
all prerecorded calls to residential lines ``unless the call is 
initiated for emergency purposes or is exempted by rule or order by 
the Commission....'').

3   47 U.S.C.  227(a)(4); 47 C.F.R. 64.1200(f)(5).

4   47 C.F.R.  64.1200(e)(2)(iv).  In addition, the Act and the 
Commission's rules impose separate identification requirements for 
prerecorded messages.  Under section 227(d)(3)(A) of the Act, all 
prerecorded messages ``shall, at the beginning of the message, state 
clearly the identity of the business, individual, or other entity 
initiating the call, and ... shall, during or after the message, 
state clearly the telephone number or address of such business, other 
entity, or individual.''  47 U.S.C.  227(d)(3)(A) (emphasis added); 
see also 47 C.F.R.  64.1200(d)(e)(2)(iv) (imposing identification 
requirements for prerecorded messages delivered by automatic 
telephone dialing systems).

5   See 47 C.F.R.  1.80(b)(3).