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June 1, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jeff Maher
Alliance Healthcare LLC
3023 Bunker Hill Street, Suite 102
San Diego, CA 92109
Michael Starkman
Alliance Healthcare LLC
3023 Bunker Hill Street, Suite 102
San Diego, CA 92109
Re: File No. EB-07-TC-3663
Dear Mr. Maher and Mr. Starkman:
This is an official CITATION, issued pursuant to section 503(b)(5) of the
Communications Act of 1934, as amended (the Communications Act), 47 U.S.C.
S: 503(b)(5), for violations of the Federal Communications Commission's
rules that govern telephone solicitations and unsolicited advertisements.
As explained below, you may appeal this citation. In addition, future
violations of the Commission's rules in this regard may subject you and
your company to monetary forfeitures.
Attached is a consumer complaint regarding telephone solicitations that
your company, or an entity acting on behalf of your company, made to
residential telephone lines before 8:00 a.m. or after 9:00 p.m. This
complaint indicates that your company, acting under your direction, has
violated the Commission's time-of-day requirements regarding telephone
solicitations. See 47 C.F.R. S: 64.1200(c)(1).
Section 64.1200(c)(1) of the Commission's rules generally prohibits the
delivery of telephone solicitations to residential telephone numbers
"before the hour of 8 a.m. or after 9 p.m. (local time at the called
party's locations)." Under the Communications Act and the Commission's
rules, a "telephone solicitation" is "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." Calls made by or on behalf of tax-exempt nonprofit groups are not
considered to be telephone solicitations. Similarly, calls that are made
to a person who either has provided prior express invitation or permission
to call or has an established business relationship with the caller are
not considered to be telephone solicitations.
If, after receipt of this citation, you 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, or (2) a written statement. You
may use this response to appeal this citation. For example, you may claim
that your calls do not fit the definition of "telephone solicitation"
described above. In addition, 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.
You may schedule a personal interview at the nearest Commission field
office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call 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 File No. EB-07-TC-3663 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. 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
47 C.F.R. S: 64.1200. A copy of these rules is enclosed for your
convenience.
47 U.S.C. S: 227(a)(3); 47 C.F.R. S: 64.1200(f)(9).
An "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." 47
C.F.R. S: 64.1200(f)(3). The established business relationship exception
does not apply when a telephone subscriber has made a company-specific
do-not-call request. A company-specific do-not-call request terminates an
established business relationship for telemarketing purposes even if the
requester continues to do business with the company. 47 C.F.R.
S: 64.1200(f)(3)(i); see also Rules and Regulations Implementing the
Telephone Consumer Protection Act of 1991, Report and Order, 7 FCC Rcd
8752, 8766 n.47, 8770 n.63 (1992); see also H.R. Rep. 102-317, 1st Sess.,
102nd Cong. at 15 (1991); Charvat v. Dispatch Consumer Services, Inc., 95
Ohio St. 3d 505, 769 N.E.2d 829 (2002).
See 47 C.F.R. S: 1.80(b)(3).
See 47 C.F.R. S: 64.1200(f)(9) (exceptions to definition of "telephone
solicitation").
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Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554