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   June 12, 2006

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   AND FACSIMILE

   Red Rose International, LTD

   dba Blue Jay Inc

   Attn: Neil Luxenberg, President, Secretary, and Treasurer

   Neil Law, Manager, Owner, President, Sales Executive

   Shaun M. Luxenberg, President

   4550 Ziebart Place

   Las Vegas, NV 89103

   Red Rose International, LTD

   dba Blue Jay Inc

   Attn: Neil Luxenberg, President

   Neil Law, Manager, Owner, President, Sales Executive

   Shaun M. Luxenberg, President

   4057 Delos Drive

   Las Vegas, NV 89103

   Blue Jay Sales Corporation

   Attn: Neil Luxenberg, President, Secretary, and Treasurer

   P.O. Box 70477

   Las Vegas, NV 89170-0477

   Blue Jay Sales Corporation

   Attn: Neil Luxenberg, President, Secretary and Treasurer

   4057 Delos Drive

   Las Vegas, NV 89103-2537

   Nationwide Chemical Corporation

   Attn: Neil Luxenberg, Director, President, Secretary and Treasurer

   9850 S. Maryland Parkway, Suite A5-102

   Las Vegas, NV 89123-7146

   Nuts, Inc.

   Attn: Neil Luxenberg, President

   4057 Delos Drive

   Las Vegas, NV 89103-2537

   Red Rose Sales & Marketing Corporation

   Attn: Neil Luxenberg, Director, President, Secretary, and Treasurer

   4057 Delos Drive

   Las Vegas, NV 89103-2537

   Red Rose USA Inc

   Attn: Neil Luxenberg, President

   4057 Delos Drive

   Las Vegas, NV 89103

   Transtar Corporation

   Attn: Neil Luxenberg, President and Treasurer

   4550 Ziebart Place, Suite B

   Las Vegas, NV 89103

   Off Broadway Theatres, Inc.

   Attn: Neil Luxenberg, President

   4057 Delos Drive

   Las Vegas, NV 89103-2537

   Neil Luxenberg

   4550 Ziebart Place

   Las Vegas, NV 89103

   RE: EB-06-TC-113

   Dear Mr. Neil Luxenberg, Mr. Neil Law, and Mr. Shaun Luxenberg:

   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. S 503(b)(5),
   for violations of the Act and the Federal Communications Commission's
   rules that govern telephone solicitations and unsolicited advertisements.
   As explained below, future violations of the Act or Commission's rules in
   this regard may subject you and your company to monetary forfeitures.

   It has come to our attention that your company, acting under your
   direction, apparently sent one or more unsolicited advertisements to
   telephone facsimile machines in violation of Section 227(b)(1)(C) of the
   Communications Act, as described in the attached complaint(s).   Section
   227(b)(1)(C) makes it "unlawful for any person within the United States,
   or any person outside the United States if the recipient is within the
   United States . . . to use a telephone facsimile machine, computer, or
   other device to send an unsolicited advertisement to a telephone facsimile
   machine."  The term "unsolicited advertisement" is defined in the 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." Under Commission rules and orders currently in effect, the
   Commission considers an established business relationship between a fax
   sender and recipient to constitute prior express invitation or permission
   to send a facsimile advertisement. Mere distribution or publication of a
   fax number, however, does not establish consent to receive advertisements
   by fax.

   If, after receipt of this citation, you or your company 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.

   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, or (3)
   a teleconference interview with the Commission's Telecommunications
   Consumers Division in Washington, DC. 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  Los Angeles, CA;
   however, 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

   Deputy Chief

   Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission

   445-12^th Street, S.W., Rm. 4-C222

   Washington, D.C. 20554

   Reference EB-06-TC-113  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 [1]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, 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. 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

   Copy to Registered Agent:

   Jeffrey J. Whitehead, Esq.

   2431 W. Horizon Ridge Parkway, #110

   Henderson, NV 89052

   47 U.S.C. S 227; 47 C.F.R. S 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 fax advertising.

   We have attached the 8 complaints at issue in this citation. At least 91
   additional similar complaints are not attached but are available from the
   FCC's complaint database.

   47 U.S.C. S 227(b)(1)(C); see also 47 C.F.R. S 64.1200(a)(3) (providing
   that no person or entity may . . . use a telephone facsimile machine,
   computer, or other device to send an unsolicited advertisement to a
   telephone facsimile machine). 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)(8). The Commission has stated that "[t]he TCPA's
   definition of `telephone facsimile machine' broadly applies to any
   equipment that has the capacity to send or receive text or images." Thus,
   "faxes sent to personal computers equipped with, or attached to, modems
   and to computerized fax servers are subject to the TCPA's prohibition on
   unsolicited faxes. . . [although] the prohibition does not extend to
   facsimile messages sent as email over the Internet." Rules and Regulations
   Implementing the Telephone Consumer Protection Act of 1991, Report and
   Order, 18 FCC Rcd 14014, 14131-32 (2003) (2003 TCPA Report and Order).

   47 U.S.C. S 227(a)(4); 47 C.F.R. S 64.1200(f)(10).

   See Rules and Regulations Implementing the Telephone Consumer Protection
   Act of 1991, Memorandum Opinion and Order, 10 FCC Rcd 12391, 12405 (1995)
   (1995 TCPA Reconsideration Order); see also Rules and Regulations
   Implementing the Telephone Consumer Protection Act of 1991, Order, FCC
   05-132 (rel. June 27, 2005). Under the recently enacted Junk Fax
   Prevention Act of 2005, Pub. L. 109-21, 119 Stat. 359 (2005), Congress
   amended the Communications Act to specify, among other things, the
   conditions under which an established business relationship provides an
   exception to the prohibition on unsolicited fax advertising.

   1995 Reconsideration Order, 10 FCC Rcd at 12408-09; see also 2003 TCPA
   Report and Order, 18 FCC Rcd at 14128 (concluding that mere publication of
   a fax number in a trade publication or directory does not demonstrate
   consent to receive fax advertising).

   Federal Communications Commission DA 06-1258

   2

   3

   Federal Communications Commission DA 06-1258

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554

References

   Visible links
   1. mailto:fcc504@fcc.gov