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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
April 15, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Travelcomm Industries, Inc. Travelcomm Industries,
a.k.a. Travel Comm, Inc. a.k.a. Travel Comm, Inc.
a.k.a.Canadian Travel a.k.a. Canadian Travel
a.k.a. Patriot Travel a.k.a. Patriot Travel
5895 Carrier Drive 5850 Lakehurst Drive, Suite
Orlando, Florida 32819 Orlando, Florida 32819
Attention: Rigoberto Sotolongo, President Attention:
Rigoberto Sotolongo, President
This is an official CITATION, issued pursuant to section
503(b)(5) of the Communications Act of 1934, as amended (the
Act), 47 U.S.C. § 503(b)(5), for violations of the Act and the
Federal Communications Commission's rules that govern telephone
solicitations and unsolicited advertisements.1 As explained
below, future violations of the Act or Commission's rules in this
regard may subject your company to monetary forfeitures.
It has come to our attention that your company has delivered
one or more prerecorded messages to a residential telephone line
or lines in violation of the section 227(b)(1)(B) of the Act and
section 64.1200(a)(2) of the Commission's rules. Under these
provisions, it shall be unlawful for any person within the United
States, or any person outside the United States if the recipient
is within the United States . . . to initiate any telephone call
to any residential telephone line using an artificial or
prerecorded voice to deliver a message without the prior express
consent of the called party, unless the call
(i) Is made for emergency purposes,2
(ii) Is not made for a commercial purpose,
(iii) Is made for a commercial purpose but does not include
or introduce an unsolicited advertisement3 or constitute a
(iv) Is made to any person with whom the caller has an
established business relationship5 at the time the call is
(v) Is made by or on behalf of a tax-exempt nonprofit
Accordingly, it is generally unlawful to use an artificial or
prerecorded voice to deliver an advertisement or telephone
solicitation to a residential telephone line unless the call is
made (1) by or on behalf of a tax-exempt nonprofit organization,
(2) with the prior express consent of the called party, (3) to a
person who has an established business relationship with the
The attached information indicates that your company
delivered an unsolicited advertisement or telephone solicitation,
through a prerecorded message, to one or more residential
telephone subscribers who either (1) had not expressly invited or
authorized the call(s) or (2) did not have an established
business relationship with your company (a transaction within 18
months prior to the call(s), or an inquiry or application within
3 months prior to the call(s)). As explained above, this action
violates section 227(b)(1)(B) of the Communications Act and
section 64.1200(a)(2) of the Commission's rules.
Separately, it appears that your company also has violated other
Commission rules that govern all prerecorded messages. Under
section 64.1200(b), prerecorded messages must, at the beginning
of the message, state clearly the identity of the business (the
name under which the business is registered to conduct business
with the State Corporation Commission or comparable regulatory
authority), individual, or other entity that is responsible for
initiating the call. In addition, the telephone number6 or
address of such business, or individual, or other entity must be
provided either during or after the prerecorded message.
According to the attached information received by the Commission,
it appears that your telephone solicitation(s) did not contain
all the required information.
If, after receipt of this citation, you violate the
Communications Act or the Commission's rules in any manner
described herein, the Commission may impose monetary forfeitures
not to exceed $11,000 for each such violation or each day of a
continuing violation. 7
You may respond to this citation within 30 days from the
date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to your place of business,
(2) a written statement. Your response should specify the
actions that you are taking to ensure that you do not violate the
Commission's rules governing telephone solicitation and
unsolicited advertisements, as described above.
The nearest Commission field office appears to be the Tampa
Office in Tampa, Florida 33607-2356. Please contact Al McCloud
at (202) 418-2499 if you wish to schedule a personal interview.
You should schedule any interview to take place within 30 days of
the date of this letter. You should send any written statement
within 30 days of the date of this letter to:
Kurt A. Schroeder
Federal Communications Commission
445-12th Street, S.W.
Washington, D.C. 20554
Reference EB-05-TC-031 when corresponding with the Commission.
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 firstname.lastname@example.org or call the Consumer &
Governmental Affairs Bureau:
For sign language interpreters, CART, and other
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, including information
that you disclose in your interview or written statement, to
determine what, if any, enforcement action is required to ensure
your compliance with the Communications Act and the Commission's
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.
Thank you in advance for your anticipated cooperation.
Kurt A. Schroeder
Deputy Chief, Telecommunications
Federal Communications Commission
1 47 U.S.C. § 227; 47 C.F.R. § 64.1200. A copy of these
provisions is enclosed for your convenience. Section 227 was
added to the Communications Act by the Telephone Consumer
Protection Act of 1991 and is most commonly known as the TCPA.
The TCPA and the Commission's parallel rules restrict a variety
of practices that are associated with telephone solicitation and
use of the telephone network to deliver unsolicited
advertisements, including prerecorded messages to residential
2 The term ``emergency purposes'' means calls made necessary in
any situation affecting the health and safety of consumers.'' 47
C.F.R. § 64.1200(f)(2).
3 The term ``unsolicited advertisement'' means ``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)(10).
4 The term ``telephone solicitation'' means
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, but such term does not include a
call or message:
(i) To any person with that person's prior express
invitation or permission;
(ii) To any person with whom the caller has an established
business relationship; or
(iii) By or on behalf of a tax-exempt nonprofit
47 U.S.C. § 227(a)(3); 47 C.F.R.§ 64.1200(f)(9).
5 The term ``established business relationship'' means
a prior or existing relationship formed by a voluntary two-
way communication between a person or entity and a
residential subscriber with or without an exchange of
consideration, on the basis of the subscriber's purchase or
transaction with the entity within the eighteen (18) months
immediately preceding the date of the telephone call or on
the basis of the subscriber's inquiry or application
regarding products or services offered by the entity within
the three months immediately preceding the date of the call,
which relationship has not been previously terminated by
(i) The subscriber's seller-specific do-not-call request, as
set forth in paragraph (d)(3) of this section, terminates an
established business relationship for purposes of
telemarketing and telephone solicitation even if the
subscriber continues to do business with the seller.
(ii) The subscriber's established business relationship with
a particular business entity does not extend to affiliated
entities unless the subscriber would reasonably expect them
to be included given the nature and type of goods or
services offered by the affiliate and the identity of the
47 C.F.R. § 64.1200(f)(3)
6 Any telephone number so provided may not be for (1) an
autodialer or prerecorded message player that placed the call,
(2) a 900 number, or (3) any other number for which charges
exceed local or long distance transmission charges. In addition,
any such telephone number provided in connection with a
prerecorded sales messages to a residential telephone subscriber
must permit any individual to make a do-not-call request during
regular business hours for the duration of the telemarketing
7 See 47 C.F.R. § 1.80(b)(3).