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                FEDERAL COMMUNICATIONS COMMISSION
                     WASHINGTON, D.C. 20554
                                                       December 
10, 2002


Newgen Results Coporation                    Newgen Results 
Corporation
10243 Genetic Center Drive                   12680 High Bluff 
Drive, Suite 300
San Diego, CA  92121                    San Diego, CA  92121
Attn: Leslie Silver, President/CEO           Attn: Leslie Silver, 
President/CEO
         Alan Thiessen, Director Teleservices                          
Alan Thiessen, Director Teleservices
        
Newgen Results Corporation                   TeleTech Holdings, 
Inc.1
1247 Highfield Drive                         9197 South Peoria 
Street
Lawrenceville, GA  30043-4679           Englewood, CO  80112
Attn: Leslie Silver, President/CEO           Attn: Kenneth 
Tuchman, Chairman/CEO
         Alan Thiessen, Director Teleservices                   
Sharon O'Leary, Senior Vice President 
         Ernest Gibson, Manager                          & 
General Counsel
         
     RE:  EB-02-TC-259  

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 Federal Communications Commission's 
rules that govern telephone solicitation.2

     It has come to our attention that your company, or an entity 
acting on behalf of your company, delivered a telephone 
solicitation to a residential telephone line despite a previous 
do-not-call request by a member of the household.  Section 
64.1200(e) of the Commission's rules requires entities that make 
telephone solicitations to residential telephone subscribers to 
follow certain procedures to ensure that the subscribers are able 
to stop such solicitation calls.  Specifically, entities that 
advertise through telephone solicitation must (1) develop written 
policies for maintaining a do-not-call list and make such written 
policies available upon demand; (2) inform and train their 
personnel engaged in any aspect of telephone solicitation about 
the existence and use of the do-not-call list; (3) place 
consumers who request not to receive telephone solicitations on 
the do-not-call list; and (4) honor each do-not-call request for 
ten years from the time the request is made.3  In addition, the 
Commission has found that it is unlawful to call a residential 
telephone line to deliver a telephone solicitation if any member 
of the household has made a do-not-call request.4 

       Under the Act and the Commission's rules, a telephone 
solicitation is  ``the initiation of a telephone call or message 
for the purpose of encouraging the purchase or rental of, or 
investment in, property, goods, or services, which is transmitted 
to any person;'' calls that are made either by tax-exempt 
nonprofit organizations or to any person who has provided prior 
express invitation or permission to call or has an established 
business relationship with the caller are not considered 
telephone solicitations.5    

     The attached information provided to the Commission 
indicates that your company failed to honor a do-not-call request 
that was made by or on behalf of a residential telephone 
subscriber who does not have an established business relationship 
with your company and did not expressly invite or authorize the 
call.  That action violates section 64.1200(e)(2)(vi) of the 
Commission's rules.

     Subsequent violations of the Commission's rules and orders 
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.6 

     Pursuant to section 503(b)(5) of the Communications Act, you 
may request a personal interview with a Commission agent located 
nearest to your place of business.  You should be prepared to 
discuss when your company recorded the do-not-call request(s) 
referenced in the attached consumer correspondence and why your 
company failed to honor such request(s).  You also will be 
expected to discuss your procedures for training your company's 
telephone solicitors as to do-not-call responsibilities, and to 
specify what steps your company has taken to ensure future 
compliance with the Commission's do-not-call rules.  Finally, you 
must supply 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.  You may contact an agent in San Diego, California; 
Denver, Colorado; or Atlanta, Georgia at (858) 496-5111, (303) 
231-5212, or (770) 935-3370, respectively to arrange for an 
interview.  You must schedule the interview to take place within 
21 days of the date of this citation.  Alternatively, you may 
submit a written statement addressing the specified topics, and 
attaching your company's written do-not-call policy, 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 
You should reference EB-02-TC-259 when corresponding with the 
Commission.
  
     As required by the Privacy Act of 1974, 5 U.S.C. § 
552(a)(e)(3), you are hereby notified that the Commission's staff 
will use all relevant material information to determine what, if 
any, enforcement action is required to ensure your compliance 
with the Commission's rules.  This will include any information 
that you disclose in your interview or written statement.  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.

     Finally, you should 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 which indicates that Newgen Results Corporation is a 
wholly owned subsidiary of TeleTech Holdings, Inc.

2    47 U.S.C. § 227; 47 C.F.R. § 64.1200.
 
3    47 C.F.R. § 64.1200(e).
  
4    Consumer.Net v. AT&T, Order, 15 FCC Rcd 281, 298 (1999).

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

6    See 47 C.F.R. § 1.80(b)(3).