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November 25, 2003
Community Concepts International Community Concepts International
a.k.a. Community Concepts, Inc. a.k.a. Community Concepts, Inc.
a.k.a. Automotive 100 Corporation a.k.a. Automotive 100 Corporation
a.k.a. Automotive 100 a.k.a. Automotive 100
723 North Grand Avenue, East 4843 Rodger Street
Springfield, Illinois 62702 Springfield, Illinois 62703
Attention: Mark Bott Attention: Mark Bott
RE: EB-03-TC-146
Dear Mr. Bott:
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.
S: 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). 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. S:
227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).
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. S: 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. S: 227(a)(4); 47 C.F.R. S: 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. S: 227(a)(2); 47
C.F.R. S: 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 Chicago Field Office at
Park Ridge Office Center, Room 306, 1550 Northwest Highway, Park Ridge,
Illinois 60068-1460, which you can contact by telephone at (847) 813 -
4660. You must schedule this interview to take place within 30 days of the
date of this citation. Alternatively, you may submit a written statement
to the following address within 30 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-146 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. S: 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.
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. S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kurt A. Schroeder
Deputy Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
Enclosures
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
advertisement(s).
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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554