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                FEDERAL COMMUNICATIONS COMMISSION
                      WASHINGTON, D.C. 20554
                                  January 24, 2006


VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Intelligent Alternatives, LLC
Attention:  Carlon Rogers, Owner     
10655 Roselle Street, Suite H    
San Diego, California 92121-1554       
 
Intelligent Alternatives, LLC
Attention: Carlon Rogers, Owner
1055 S. Mollison Avenue, #42
El Cajón, California 92020

          RE:  EB-05-TC-065

Dear Mr. Rogers: 

     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 you and your company to monetary forfeitures.

     It has come to our attention that your company, acting under 
your direction, has delivered one or more prerecorded messages to 
a residential telephone line or lines in violation of section 
227(b)(1)(B) of the Act and section 64.1200(a)(2) of the 
Commission's rules, as described in the attached complaint(s).2  
Under Section 227(b)(1)(B) of the Act and section 64.1200(a)(2) 
of the Commission's rules, it is 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,3
          (ii)  Is not made for a commercial purpose,
          (iii) Is made for a commercial purpose but does not 
          include or introduce an unsolicited                                                                                                                     
          advertisement4  or constitute a telephone 
          solicitation,5
          (iv) Is made to any person with whom the caller has an 
          established business relationship6 at the time the call 
          is made, or
          (v) Is made by or on behalf of a tax-exempt nonprofit 
          organization.
          
     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; or (3) to 
a person who has an established business relationship with the 
caller.
 
     The attached information indicates that your company, acting 
under your direction, 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 you or 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.

     Further, under section 227(b)(1)(A)of the Act and section 
64.1200(a)(1) of the Commission's rules, it is unlawful to 
initiate calls using an automatic telephone dialing system7 or an 
artificial or prerecorded voice to (1) any emergency telephone 
line, (2) the telephone line of any guest or patient room at a 
health care facility, or (3) any telephone number assigned to a 
paging service, cellular telephone service or any service for 
which the called party is charged for the call.8  The provisions 
provide exceptions when the call is made (1) for emergency 
purposes, or (2) with the prior express consent of the called 
party.9  The attached information indicates that your company, 
acting under your direction, delivered one or more artificial or 
prerecorded messages to a cellular telephone line or lines, and 
that each message was delivered neither for emergency purposes 
nor with the prior express consent of the called party.  This 
action violates section 227(b)(1)(A)(iii) of the Act and section 
64.1200(a)(1)(iii) of the Commission's rules.

           Separately, it appears that you and your company have 
also 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 number10 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 of the required information.

           In addition, it appears that your company, acting 
under your direction, has also violated the caller identification 
provisions in the Commission's rules.  Under section 64.1601(e), 
any person or entity that engages in telemarketing must transmit 
caller identification information.11  The caller identification 
information must include: 1) the telemarketer's telephone number 
used in, or billed for, making the call; and 2) when made 
available by the telemarketer's carrier, the name of the 
telemarketer.12  The telephone number transmitted in the caller 
identification information must permit any individual to make a 
do-not-call request during regular business hours.13  Further, 
section 64.1601(e)(ii) specifically prohibits any person or 
entity that engages in telemarketing from blocking the 
transmission of caller identification information.14  The only 
entities that are exempt from the Commission's caller 
identification provisions are tax-exempt nonprofit 
organizations.15  According to the attached information received 
by the Commission, it appears that your telemarketing calls did 
not transmit the required caller identification information.


     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.16

     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, 
or (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 San 
Diego Office in San Diego, California; 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
                    445-12th Street, S.W.
                    Rm. 4-C222
                    Washington, D.C.  20554 

Reference EB-05-TC-065 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 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, 


                         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.  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 
telephone lines.

2 We have attached the 17 complaints at issue in this letter.
3 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). 

4 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).

5 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 
     organization.  

 47 U.S.C. § 227(a)(3); 47 C.F.R.§ 64.1200(f)(9). 

6 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 
     either party.
     (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 
     affiliate.  

 47 C.F.R. § 64.1200(f)(3)
  

7 The term ``automatic telephone dialing system'' means 
``equipment which has the capacity to store or produce telephone 
numbers to be called, using a random or sequential number 
generator, and to dial such numbers.'' 47 U.S.C. § 227(a)(1); 47 
C.F.R. § 64.1200(f)(1).

8  47 U.S.C. § 227(b)(1)(A)(i) - (iii); 47 C.F.R. § 
64.1200(a)(1)(i) - (iii).

9  47 U.S.C. § 227(b)(1)(A); 47 C.F.R. § 64.1200(a)(1).

10 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 
campaign.

11 47 C.F.R. § 64.1601(e).  The term ``telemarketing'' 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.'' 47 C.F.R. § 64.1200(f)(7).

12 47 C.F.R. § 64.1601(e)(i).  The rule's requirements are also 
fulfilled if the caller identification information substitutes 
the name of the seller on behalf of which the telemarketing call 
is placed and the seller's customer service telephone number. Id.

13 47 C.F.R. § 1601(e)(i).

14 47 C.F.R. § 1601(e)(ii).

15 47 C.F.R. § 1601(e)(iii).
16 See 47 C.F.R. § 1.80(b)(3).