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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
     In the Matter of                                                        
                                             )                               
     Red Rose International                                                  
                                             )                               
     d/b/a Red Rose International LTD                                        
                                             )                               
     d/b/a Red Rose Internacional Limited                                    
                                             )                               
     d/b/a Red Rose USA, Inc.                    File No. EB-06-TC-113       
                                             )                               
     d/b/a Red Rose Sales and Marketing          NAL/Acct. No. 200732170068  
     Corporation                             )                               
                                                 FRN: 0016773558             
     d/b/a Blue Jay, Inc.                    )                               
                                                                             
     d/b/a Blue Jay Sales Corporation        )                               
                                                                             
     d/b/a Nationwide Chemical Corporation   )                               
                                                                             
     Apparent Liability for Forfeiture       )                               
                                                                             
                                             )                               
                                                                             
                                             )                               


                  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 Red Rose International ("Red Rose") 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 two unsolicited advertisements to the telephone
       facsimile machine of at least two consumers. Based on the facts and
       circumstances surrounding the  apparent violation, we find that Red
       Rose is apparently liable for a forfeiture in the amount of $20,000.

   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 June 12, 2006, in response to one or more consumer complaints
       alleging that Red Rose had faxed unsolicited advertisements, the
       Commission staff issued a citation to Red Rose, pursuant to section
       503(b)(5) of the Act. The staff cited Red Rose for using a telephone
       facsimile machine, computer, or other device, to send unsolicited
       advertisements for business funding and chemical products, namely Sub
       Zero Liquid Ice Melt,  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 Red Rose 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 Red Rose 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. Red Rose did not request an
       interview or otherwise respond to the citation.

    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 Red Rose continued to engage in
       such conduct after receiving the citation. We base our action here
       specifically on the complaints filed by two consumers establishing
       that Red Rose continued to send two 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 Red Rose 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 two unsolicited
   advertisements to the two consumers identified in the Appendix. This NAL
   is based on evidence that the consumers received unsolicited fax
   advertisements from Red Rose after the Commission's citation. The
   facsimile transmissions advertise business funding and chemical products,
   namely Sub Zero Liquid Ice Melt. Further, according to the complaints, the
   consumers  neither had an established business relationship with Red Rose
   nor gave Red Rose  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 Red Rose apparently violated section
   227 of the Act and the Commission's related rules and orders by sending
   two unsolicited advertisements to two consumers' facsimile machines.

    B. Proposed Forfeiture

   7. We find that Red Rose is apparently liable for a forfeiture in the
   amount of $20,000.  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. In
   addition, where the consumer requests the company to stop sending
   facsimile messages, and the company continues to send them, the Commission
   has previously considered $10,000 per unsolicited fax advertisement the
   appropriate forfeiture for such egregious violations. Here, two consumers
   specifically requested that Red Rose cease sending facsimiles.
   Notwithstanding these requests, Red Rose sent two additional facsimiles to
   these consumers. We therefore apply the $10,000 amount to each of the two
   apparent violations. Thus, a total forfeiture of $20,000 is proposed. Red
   Rose 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 Red Rose International 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 two
   unsolicited advertisements to the two consumers identified in the
   Appendix. We have further determined that Red Rose International is
   apparently liable for a forfeiture in the amount of $20,000.

   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 Red Rose
   International is hereby NOTIFIED of this APPARENT LIABILITY FOR A
   FORFEITURE in the amount of $20,000 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, Red Rose International 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. 200732170068.

   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
   Red Rose International, Attention: Neil S. Luxenberg and/or Neil Law at
   4550 Ziebart Place #B, Las Vegas, NV 89103, 4620 S. Valley View Blvd., Las
   Vegas, NV 89103, 4057 Delos Drive, Las Vegas, NV 89103, and 9850 S.
   Maryland Pkwy, Ste. A5-102, Las Vegas, NV 89123.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                    APPENDIX


     Complainant  received facsimile solicitations        Violation Date(s)  
     after requesting no more be sent                                        

     Robert Caruso                                        4/9/07             

     Howard Gordon                                        10/31/06           



   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, Red Rose is also doing
   business as  Red Rose International, Red Rose International LTD, Red Rose
   International Limited, Red Rose USA, Inc., Red Rose Sales and Marketing
   Corporation, Blue Jay, Inc., Blue Jay Sales Corporation, and Nationwide
   Chemical Corporation. Therefore, all references in this NAL to Red Rose
   encompass Red Rose International, as well as Red Rose International LTD,
   Red Rose Internacional Limited, Red Rose USA, Inc., Red Rose Sales and
   Marketing Corporation, Blue Jay, Inc., Blue Jay Sales Corporation, and
   Nationwide Chemical Corporation. Red Rose has offices at 4550 Ziebart
   Place #B, Las Vegas, NV 89103, 4620 S. Valley View Blvd., Las Vegas, NV
   89103, 4057 Delos Drive, Las Vegas, NV 89103, and 9850 S. Maryland Pkwy,
   Ste. A5-102, Las Vegas, NV 89123.  Neil S. Luxenberg and Neil Law are
   listed as contact persons for Red Rose. Accordingly, all references in
   this NAL to Red Rose  also encompass the foregoing individuals and all
   other principals and officers of this entity, as well as the corporate
   entity itself.

   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-113 issued to
   Red Rose on June 12, 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 4057 Delos Drive, Las Vegas, NV
   89103-2537, 4550 Ziebart Place, Las Vegas, NV 89103, P.O. Box 70477, Las
   Vegas, NV 89170-0477, and 9850 S. Maryland Parkway, Suite A5-102, Las
   Vegas, NV 89123-7146. See n.2, supra.

   Following the issuance of the citation, the Commission continued to
   receive complaints from multiple consumers alleging that Red Rose faxed
   unsolicited advertisements to them. These complaints, received after the
   Commission's citation, resulted in the issuance of a Notice of Apparent
   Liability for Forfeiture against Red Rose on August 1, 2007 in the amount
   of $130,500. Red Rose International, Notice of Apparent Liability for
   Forfeiture, FCC-07-134 (August 1, 2007).

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

   We note that evidence of additional instances of unlawful conduct by Red
   Rose 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 12, 2007, from Howard J. Gordon (stating
   that "None of these faxes is from a company we have any business
   relationship with, nor have any been requested. "); complaint dated April
   18, 2007 , from Robert Caruso (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 Carolina Liquidators, Inc., Notice of Apparent Liability for
   Forfeiture, 15 FCC 16,837, 16,842 (2000); 21st Century Fax(es) Ltd., AKA
   20th Century Fax(es), 15 FCC Rcd 24,406, 24,411 (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 07-4099

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   Federal Communications Commission DA 07-4099