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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
September 10, 2003
Discovery Marketing & Distributing, Inc. Timothy V.
Randolph
d.b.a. Rainsoft Water Treatment Margaret D. Randolph
d.b.a. Rainsoft of Polk County 1110 S.W. Ivanhoe
Boulevard, #32
d.b.a. Finance Discovery Orlando, Florida 32804-
6372
d.b.a. Marine Resources, Inc.
d.b.a. Paradise Water, Inc. Timothy V. Randolph,
II
d.b.a. Tiki Financial Services, Inc. 9832 Bear Lake
Road
6505 Edgewater Drive Apopka, Florida 32703-1929
Orlando, Florida 32810-4205
Attn: Timothy V. Randolph, Sr., CEO
Timothy V. Randolph, II, President
Mason W. Miles III, Vice President
Margaret D. Randolph, Secretary
John Derek Wilfong, Esq., Reg. Agent
RE: EB-03-TC-069
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 Tampa
Office at 2203 N. Lois Avenue, Room 1215, Tampa, Florida 33607-2356,
which you may contact by telephone at (813) 348-1741. 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-069 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).