Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                 June 18, 2007

   VIA CERTIFIED MAIL

   RETURN RECEIPT REQUESTED

   Timeshare Register

   Attn: Chris Mazzone, Owner

   2672 Bayshore Blvd.

   Dunedin, FL 34698-1801

   RE: File No. EB-07-TC-3952

   Dear Mr. Mazzone:

   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. S: 503(b)(5),
   for violations of the Act and 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 Act or Commission's rules in this regard may subject you
   and your company to monetary forfeitures.

   Attached are consumer complaints regarding prerecorded messages that your
   company, acting under your direction, has delivered to a residential
   telephone line or lines. These complaints indicate that you and your
   company have violated section 227(b)(1)(B) of the Act and section
   64.1200(a)(2) of the Commission's rules. See 47 U.S.C. S: 227(b)(1)(B); 47
   C.F.R. S: 64.1200(a)(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,
   (ii) Is not made for a commercial purpose,
   (iii) Is made for a commercial purpose but does not include or introduce
   an unsolicited advertisement or constitute a telephone solicitation,
   (iv) Is made to any person with whom the caller has an established
   business relationship 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.

   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 number 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.

   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.

   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 you can document that you had an established business relationship
   with the called party at the time of the call or that you are a tax-exempt
   nonprofit organization. In addition, your response should specify the
   actions that you are taking to ensure that you do not violate the
   Commission's rules governing prerecorded messages, 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 EB-07-TC-3952 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 U.S.C. S: 227; 47 C.F.R. S: 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. We refer in
   this citation to the Commission's rules as they existed at the time of the
   violations in this matter. Revised rules in this area took effect on
   August 1, 2006.

   The term "emergency purposes" means calls made necessary in any situation
   affecting the health and safety of consumers." 47 C.F.R. S: 64.1200(f)(2).

   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.S: 227(a)(4); 47 C.F.R. S:
   64.1200(f)(10).

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

   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. S: 64.1200(f)(3)

   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.

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

   Federal Communications Commission

   1

   4

   Federal Communications Commission

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554