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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
August 19, 2003
Mile Hi Window Service, Inc. Mile Hi Window Service, Inc.
d.b.a. Deep Core Aeration d.b.a. Deep Core
Aeration
d.b.a. Florian McCann Window Service d.b.a. Florian McCann
Window Service
d.b.a. McCann Lawns and Services d.b.a. McCann Lawns and
Services
d.b.a. McCann's Window Service d.b.a. McCann's Window
Service
d.b.a. Mile High Aeration d.b.a. Mile High
Aeration
d.b.a. Mile Hi Cleaning Service d.b.a. Mile Hi Cleaning
Service
d.b.a. Mile Hi Gutter Cleaning d.b.a. Mile Hi Gutter
Cleaning
d.b.a. Mile Hi Residential Services d.b.a. Mile Hi
Residential Services
d.b.a. Mile Hi Window Cleaning, Inc. d.b.a. Mile Hi Window
Cleaning, Inc.
d.b.a. Mile Hi Window Service d.b.a. Mile Hi Window
Service
d.b.a. Residential Services d.b.a. Residential
Services
2418 West Evans Avenue 2190 South Holly Street,
Unit 224
Denver, Colorado 80219-5504 Denver, Colorado 80222-5622
Attn: Florian B. McCann, President Attn: Florian
B. McCann, President
Florian B. McCann
2540 South Gray Court
Lakewood, Colorado 80227-4017
RE: EB-03-TC-070
Dear Mr. McCann:
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.
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. 4
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 Denver Office at 215 South Wadsworth Boulevard, Suite 303,
Lakewood, Colorado 80226-1544, which you can contact by telephone at
(303) 231-5212. 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-070 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).
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 See 47 C.F.R. § 1.80(b)(3).