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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
January 20, 2006
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
LocateCell.com
Steven Schwartz, Director
1st Source Information Specialists, Inc.
7361 Granville Drive
Tamarac, FL 33321
Philip L. Schwartz
Law Offices of Philip L. Schwartz
2000 Glades Road, Suite 208
Boca Raton, FL 33431
RE: EB-05-TC-059
Re: EB-05-TC-059
Dear Mr. Schwartz:
This is an official CITATION, issued pursuant to section
503(b)(5) of the Communications Act of 1934, as amended (the
Communications Act or Act), 47 U.S.C. § 503(b)(5), for failing to
comply with an order issued by the Federal Communications
Commission requiring the production of documents and information.
As explained below, continuing refusal to comply with the
Commission's order requiring the production of documents and
information may subject your company to monetary forfeitures.
On November 9, 2005, you received a subpoena issued by the
Enforcement Bureau of the Federal Communications Commission.1
The subpoena, issued pursuant to the authority set forth in
Sections 151 and 409 of the Communications Act, concerned call
detail and other customer proprietary network information that
LocateCell.com may be obtaining from telecommunications
providers, in apparent violation of section 222 of the
Communications Act of 1934, as amended (``the Act''), 47 U.S.C. §
222 and section 64.2009 of the Commission's rules, 47 C.F.R. §
64.2009. The subpoena required you to produce information and
documents responsive to twelve specific requests within 10 days
of service of the subpoena.
On December 16, 2005, your counsel provided a partial
response to several of the questions contained in the subpoena
and indicated that you would provide additional responses to
other questions the week of December 26, 2005. To date, we have
not received any responses to questions 6-12 of the subpoena.
Accordingly, you have failed to comply with an order of the
Commission. Therefore, we issue this Citation.
Section 503(b)(1) of the Communications Act provides in
pertinent part that ``[a]ny person who is determined by the
Commission . . . to have . . . willfully or repeatedly failed to
comply with any of the provisions of this Act or of any . . .
order issued by the Commission under this Act . . . shall be
liable to the United States for a forfeiture penalty.''2 Section
503(b)(5) of the Act further provides that:
No forfeiture liability shall be determined under
this subsection against any person, if such person
does not hold a license, permit, certificate, or
other authorization issued by the Commission, and
if such person is not an applicant for a license,
permit, certification, or other authorization
issued by the Commission, unless, prior to the
notice required by paragraph (3) of this
subsection or the notice of apparent liability
required by paragraph (4) of this subsection, such
person (A) is sent a citation of the violation
charged; (B) is given a reasonable opportunity for
a personal interview with an official of the
Commission, at the field office of the Commission
which is nearest to such person's place of
residence; and (C) subsequently engages in conduct
of the type described in such citation.3
This Citation satisfies the requirements set forth above in
Section 503(b)(5) of the Act.
If, after receipt of this Citation, you continue to refuse
to comply with the Commission's orders 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, up to a maximum of $97,500 for a continuing
violation.4 In addition, as indicated in the subpoena, failure
to comply with the subpoena may lead to a contempt citation by a
United States District Court judge and may subject you to a
misdemeanor charge, which, on conviction, may also subject you to
a fine or imprisonment or both.
You are hereby directed again to provide full and complete
responses to the inquiries contained in the subpoena served on
you on November 9, 2005. You must provide complete responses no
later than 7 calendar days from receipt of this Citation.
Responses should be directed to the individual identified below:
Ms. Donna Cyrus, Senior Attorney Advisor
Room 4-A164
Federal Communications Commission
445 12th Street SW
Washington, D.C. 20554
Reference EB-05-TC-059 when corresponding with the Commission.
In addition, you may request a personal interview at the
Commission's Field Office nearest to your place of business. Any
request for an interview, however, in no way alleviates your
obligation to provide full and complete responses to each of the
inquiries contained in the subpoena. The nearest Commission
field office appears to be the Tampa, Florida office - 2203 N.
Lois Avenue, Room 1215, Tampa, Florida 33607. Please call Byron
McCoy at 202-418-1634 if you wish to schedule a personal
interview. You should schedule any interview to take place
within 7 days of the date of this letter.
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, 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
rules.
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,
Colleen Heitkamp
Chief, Telecommunications Consumers
Division
Enforcement Bureau
Federal Communications Commission
Enclosures
_________________________
1 Copies of the subpoena and cover letter are attached.
2 47 U.S.C. § 503(b)(1).
3 47 U.S.C. § 503(b)(5).
4 See 47 C.F.R. § 1.80(b)(3).