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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
May 13, 2003
Far Star Enterprises Far Star Enterprises
d.b.a. Nu-Cote Exteriors d.b.a. Nu-Cote Exteriors
8340 Clairemont Mesa Boulevard P.O. Box 12502
Suite 109 LaJolla, California 92039
San Diego, California 92111-1320 Attn: Bettye
Farar, President
Attn: Bettye Farar, President Janet Griggs
Janet Griggs
RE: EB-03-TC-037
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.1
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.2 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.3
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.4
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.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 San Diego Office at 4542 Ruffner Street, Room 370, San
Diego, California 92111-2216, which you can contact by telephone
at (858) 496-5111. You must schedule the interview to take place
within 21 days of the date of this citation. 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. 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-03-TC-037 when corresponding with the
Commission.
If you request a meeting, reasonable accommodations for
people with disabilities are available upon request. Include a
description of the accommodation you will need including as much
detail as you can. Also include a way we can contact you if we
need more information. Please allow at least 5 days advance
notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable
accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print,
electronic files, and audio
format): 202-418-0531 (voice), 202-418-7365 (tty).
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 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
2 47 C.F.R. § 64.1200(e).
3 Consumer.Net v. AT&T, Order, 15 FCC Rcd 281, 298 (1999).
4 47 U.S.C. § 227(a)(3); 47 C.F.R. § 64.1200(f)(3).
5 See 47 C.F.R. § 1.80(b)(3).