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   April 27, 2007

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   Joseph DePante

   Action Research Group

   2263 W. New Haven Avenue, #399

   Melbourne, FL 32904

   Re:  EB-06-TC-709

   Dear Mr. DePante:

   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. S 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 September 28, 2006, you received a subpoena issued by the Enforcement
   Bureau of the Federal Communications Commission. 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 ("CPNI") Action Research Group 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. S 222 and
   sections 64.2001-2009 of the Commission's rules, 47 C.F.R. S 64.2001-2009.
   The subpoena required you to produce information and documents responsive
   to eight specific requests within 10 calendar days of service of the
   subpoena.

   To date, we have not received any response to the questions in 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." 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.

   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. 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 September 28,
   2006. 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:

   Marcy Greene, Deputy Division Chief

   Room 4-A263

   Federal Communications Commission

   445 12^th Street SW

   Washington, D.C. 20554

   Reference EB-06-TC-709  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 [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,

   Colleen K. Heitkamp

   Chief, Telecommunications Consumers Division

   Enforcement Bureau

   Enclosures

   Copies of the subpoena and cover letter are attached.

   47 U.S.C. S 503(b)(1).

   47 U.S.C. S 503(b)(5).

   See 47 C.F.R. S 1.80(b)(3).

   Federal Communications Commission DA 07-1920

   2

   3

   Federal Communications Commission   DA 07-1920

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554

References

   Visible links
   1. mailto:fcc504@fcc.gov