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                     WASHINGTON, D.C. 20554

                              August 12, 2003

Arlington  West and Associates, Inc.         Arlington  West and 
Associates, Inc.
a.k.a. Smith Greer, Inc.           a.k.a. Smith Greer, Inc.
6470A Glenway Avenue, Suite 268         3024 Montana Avenue
Cincinnati, Ohio 45211             Cincinnati, Ohio 45211
Attention:  Jim Miller, President       Attention:  Jim Miller, 

          RE:  EB-03-TC-068

Dear Mr. Miller:

     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 
one or more unsolicited advertisements to telephone facsimile 
machines (see attachment).1  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.  

     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.  

     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 the Detroit Office at 24897 Hathaway Street, Farmington Hills, 
Michigan 48335-1552, which you can contact 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.  Please reference EB-03-TC-068
 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 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). 

     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.


                         Kurt A. Schroeder
                         Deputy Chief
                         Telecommunications Consumers Division
                         Enforcement Bureau
                         Federal Communications Commission


     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