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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
     In the Matter of                    )   File No. EB- 06-TC-265      
                                                                         
     Venali, Inc.                        )   NAL/Acct. No. 200732170077  
                                                                         
     Apparent Liability for Forfeiture   )   FRN: 0016966624             
                                                                         
                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  September 28, 2007 Released: September 28, 2007

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Venali, Inc. ("Venali") apparently willfully or repeatedly
       violated section 227 of the Communications Act of 1934, as amended
       ("Act"), and the Commission's related rules and orders, by delivering
       at least four unsolicited advertisements to the telephone facsimile
       machines of at least three consumers. Based on the facts and
       circumstances surrounding these  apparent violations, we find that
       Venali is apparently liable for a forfeiture in the amount of $18,000.

   II. BACKGROUND

    2. Section 227(b)(1)(C) of the Act 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 any telephone
       facsimile machine, computer, or other device to send, to a telephone
       facsimile machine, an unsolicited advertisement."  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 in writing or otherwise." Under the Commission's Rules, an
       "established business relationship" exception permits a party to
       deliver a message to a consumer if the sender has an established
       business relationship with the recipient and the sender obtained the
       number of the facsimile machine through the voluntary communication by
       the recipient, directly to the sender, within the context of the
       established business relationship, or through a directory,
       advertisement, or a site on the Internet to which the recipient
       voluntarily agreed to make available its facsimile number for public
       distribution.

    3. On September 9, 2006, in response to one or more consumer complaints
       alleging that Venali  had faxed unsolicited advertisements, the
       Commission staff issued a citation to Venali, pursuant to section
       503(b)(5) of the Act. The staff cited Venali  for using a telephone
       facsimile machine, computer, or other device, to send unsolicited
       advertisements  for domain name registry services to a telephone
       facsimile machine, in violation of section 227 of the Act and the
       Commission's related rules and orders. The citation, which the staff
       served by certified mail, return receipt requested, warned  Venali 
       that subsequent violations could result in the imposition of monetary
       forfeitures of up to $11,000 per violation, and included a copy of the
       consumer complaints that formed the basis of the citation.  The
       citation informed Venali that within thirty (30) days of the date of
       the citation, it could either request an interview with Commission
       staff, or could provide a written statement responding to the
       citation. Venali  did not request an interview but did respond in
       writing to the citation on October 18, 2006.  In its response, Venali
       indicated that after an investigation it determined that the faxes at
       issue were not transmitted by Venali or customers utilizing Venali's
       services.

    4. Despite the citation's  warning that subsequent violations could
       result in the imposition of monetary forfeitures, we have received
       additional consumer complaints indicating that Venali  continued to
       engage in such conduct after receiving the citation.  We base our
       action here specifically on  complaints filed by  three consumers
       establishing that Venali  continued to send  four unsolicited
       advertisements to telephone facsimile machines after the date of the
       citation.

    5. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture of up to $11,000 for each violation of the Act or of any
       rule, regulation, or order issued by the Commission under the Act by a
       non-common carrier or other entity not specifically designated in
       section 503 of the Act. In exercising such authority, we are to take
       into account "the nature, circumstances, extent, and gravity of the
       violation and, with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and such
       other matters as justice may require."

   III. DISCUSSION

   A. Violations of the Commission's Rules Restricting Unsolicited Facsimile
   Advertisements

    6. We find that Venali apparently violated section 227 of the Act and the
       Commission's related rules and orders by using a telephone facsimile
       machine, computer, or other device to send at least four unsolicited
       advertisements to the three consumers identified in the Appendix. This
       NAL is based on evidence that three consumers received unsolicited fax
       advertisements from Venali after the Commission staff's citation. The
       facsimile transmissions advertise domain name registry services.
       Further, according to the complaints, the consumers neither had an
       established business relationship with Venali  nor gave Venali 
       permission to send the facsimile transmissions.  The faxes at issue
       here therefore fall within the definition of an "unsolicited
       advertisement."  Based on the entire record, including the consumer
       complaints, we conclude that Venali apparently violated section 227 of
       the Act and the Commission's related rules and orders by sending four
       unsolicited advertisements to three consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Venali is apparently liable for a forfeiture in the
       amount of $18,000. Although the Commission's Forfeiture Policy
       Statement does not establish a base forfeiture amount for violating
       the prohibition against using a telephone facsimile machine to send
       unsolicited advertisements, the Commission has previously considered
       $4,500 per unsolicited fax advertisement to be an appropriate base
       amount. We apply that base amount to each of four of the apparent
       violations. Thus, a total forfeiture of $18, 000 is proposed. Venali
       will have the opportunity to submit evidence and arguments in response
       to this NAL to show that no forfeiture should be imposed or that some
       lesser amount should be assessed.

   IV. CONCLUSION AND ORDERING CLAUSES

    8. We have determined that Venali, Inc. apparently violated section 227
       of the Act and the Commission's related rules and orders by using a
       telephone facsimile machine, computer, or other device to send at
       least four unsolicited advertisements to the three consumers
       identified in the Appendix. We have further determined that Venali,
       Inc. is apparently liable for a forfeiture in the amount of $18,000.

    9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47
       U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80,
       and under the authority delegated by sections 0.111 and 0.311 of the
       Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Venali, Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of $18,000 for willful or repeated violations of section
       227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C),
       sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S:
       64.1200(a)(3), and the related orders described in the paragraphs
       above.

   10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Venali, Inc. SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. Payment by check or money order, payable to the order of the "Federal
       Communications Commission," may be mailed to Forfeiture Collection
       Section, Finance Branch, Federal Communications Commission, P.O. Box
       358340, Pittsburgh, PA 15251. Payment by overnight mail may be sent to
       Mellon Client Service Center, 500 Ross Street, Room 670, Pittsburgh,
       PA 15262-0001, Attn: FCC Module Supervisor. Payment by wire transfer
       may be made to: ABA Number 043000261, receiving bank Mellon Bank, and
       account number 911-6229. The payment should note NAL/Acct. No.
       200732170077.

   12. The response, if any, must be mailed both to the Office of the
       Secretary, Federal Communications Commission, 445 12th Street, SW,
       Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
       Consumers Division, and to Colleen Heitkamp, Chief, Telecommunications
       Consumers Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, SW, Washington, DC 20554, and must
       include the NAL/Acct. No. referenced in the caption.

   13. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   14. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Chief, Revenue and Receivables Operations Group, 445 12th Street, SW,
       Washington, DC 20554.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail Return Receipt
       Requested to Venali, Inc., Attention: Walther Junior, Director, Mark
       Toschek, Director, Peter Rasenberger, Director, Poncy John, Chief
       Executive Officer, Ariel Peralta, Chief Financial Officer and Douglas
       L. O'Keefe, Secretary One Alhambra Plaza, Ste 800, Coral Gables, FL
       33134 and c/o CT Corporation System, 1200 South Pine Island Road,
       Plantation, FL 33324.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                    APPENDIX


     Complainant  received facsimile                Violation Date(s)  
     solicitations                                                     

     Bill Atkinson                                  3/28/07; 3/29/07   

     Jonathon Fish                                  10/2/06            

     William Walker                                 3/9/07             



   See 47 U.S.C. S: 503(b)(1). The Commission has the authority under this
   section of the Act to assess a forfeiture against any person who has
   "willfully or repeatedly failed to comply with any of the provisions of
   this Act or of any rule, regulation, or order issued by the Commission
   under this Act ...." See also 47 U.S.C. S: 503(b)(5) (stating that the
   Commission has the authority under this section of the Act to assess a
   forfeiture penalty against any person who does not hold a license, permit,
   certificate or other authorization issued by the Commission or an
   applicant for any of those listed instrumentalities so long as such person
   (A) is first issued 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 nearest to the person's
   place of residence; and (C) subsequently engages in conduct of the type
   described in the citation).

   According to publicly available information, Venali has offices at One
   Alhambra Plaza, Ste 800, Coral Gables, FL 33134. Walther Junior, Director,
   Mark Toschek, Director, Peter Rasenberger, Director, Poncy John, Chief
   Executive Officer, Ariel Peralta, Chief Financial Officer and Douglas L.
   O'Keefe, Secretary, are listed as the contact people for Venali.
   Accordingly, all references in this NAL to "Venali" also encompass the
   foregoing individuals and all other principals and officers of this
   entity, as well as the corporate entity itself. CT Corporation System,
   1200 South Pine Island Road, Plantation, Florida, 33324 is listed as the
   Registered Agent for Venali.

   See  47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3);  see also 
   Rules and Regulations Implementing the Telephone Consumer Protection Act
   of 1991, Report and  Order and Third Order on Reconsideration, 21 FCC Rcd
   3787 (2006).

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   47 U.S.C. S:227(a)(4); 47 C.F.R. S:64.1200 (f)(13).

   An "established business relationship" is defined as a prior or existing
   relationship formed by a voluntary two-way communication "with or without
   an exchange of consideration, on the basis of an inquiry, application,
   purchase or transaction by the business or residential subscriber
   regarding products or services offered by such person or entity, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(5).

   See 47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64 (a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No.EB-06-TC-265, issued to
   Venali on September 9, 2006.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to persons who do not hold a license, permit, certificate or other
   authorization issued by the Commission or an applicant for any of those
   listed instrumentalities for violations of the Act or of the Commission's
   rules and orders).

   Commission staff mailed the citation to 1 Columbus Center, 1 Ahambra
   Plaza, Suite 800, Coral Gables, FL 33134. See n. 2, supra.

   Response from Mark Toschek, CEO, Venali, Inc. dated October 18, 2006.

   See Appendix for a listing of the consumer complaints against Venali
   requesting Commission action.

   We note that evidence of additional instances of unlawful conduct by
   Venali may form the basis of subsequent enforcement action.

   Section 503(b)(2)(C) provides for forfeitures up to $10,000 for each
   violation in cases not covered by subparagraph (A) or (B), which address
   forfeitures for violations by licensees and common carriers, among others.
   See 47 U.S.C. S: 503(b). In accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996,
   Pub. L. 104-134, Sec. 31001, 110 Stat. 1321, the Commission implemented an
   increase of the maximum statutory forfeiture under section 503(b)(2)(C) to
   $11,000. See 47 C.F.R. S:1.80(b)(3); Amendment of Section 1.80 of the
   Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 15 FCC Rcd 18221 (2000); see also Amendment of Section 1.80(b)
   of the Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 19 FCC Rcd 10945 (2004) (this recent amendment of section
   1.80(b) to reflect inflation left the forfeiture maximum for this type of
   violator at $11,000).

   47 U.S.C. S: 503(b)(2)(D); The Commission's Forfeiture Policy Statement
   and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
   Guidelines, Report and Order, 12 FCC Rcd 17087, 17100-01 para. 27 (1997)
   (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999).

   See, e.g., complaint dated April 6, 2007, from Bill Atkinson (stating that
   he has never purchased anything from the company being advertised in the
   fax or made an inquiry or application to the company or given consent for
   the company to send the fax). The complainants involved in this action are
   listed in the Appendix below.

   See 47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13) (definition
   previously at S: 64.1200(f)(10)).

   See  Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC
   Rcd 1805 (1999); Get-Aways, Inc., Forfeiture Order, 15 FCC Rcd 4843
   (2000); see also US Notary, Inc., Notice of Apparent Liability for
   Forfeiture, 15 Rcd 16999 (2000); US Notary, Inc., Forfeiture Order, 16 FCC
   Rcd 18398 (2001); Tri-Star Marketing, Inc., Notice of Apparent Liability
   For Forfeiture, 15 FCC Rcd 11295 (2000); Tri-Star Marketing, Inc.,
   Forfeiture Order, 15 FCC Rcd 23198 (2000).

   See  47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).

   47 C.F.R. S: 1.80.

   47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-4098

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   Federal Communications Commission DA 07-4098