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                                  July 2, 2007



   Jean Mallette

   Esbco Industries

   PO Box 1943

   Birmingham, AL 35201

   RE: EB-07-TC-3976

   Dear Ms. Mallette:

   This is an official CITATION, issued pursuant to section 503(b)(5) of the
   Communications Act of 1934, as amended (the Act), for violations of the
   Federal Communications Commission's rules that govern telemarketing calls.
   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 are consumer complaints regarding telemarketing calls that your
   company or an entity acting on behalf of your company, acting under your
   direction, made to residential telephone lines despite previous
   do-not-call requests by members of the households. These complaints
   indicate that you and your company have violated the Commission's
   requirements regarding telemarketing calls in 47 C.F.R. S: 64.1200(d).

   Section 64.1200(d) of the Commission's rules requires entities that make
   telemarketing calls to residential telephone subscribers to follow certain
   procedures to ensure that the subscribers are able to stop such calls.
   Specifically, entities that make telemarketing calls must (1) develop
   written policies for maintaining a do-not-call list and make such written
   policies available upon demand; (2) inform and train their personnel
   engaged in any aspect of telemarketing about the existence and use of the
   do-not-call list; (3) place consumers who request not to receive
   telemarketing calls on the do-not-call list; and (4) honor each
   do-not-call request within a reasonable time from the date of the request,
   which may not exceed thirty (30) days, for five years from the time the
   request is made. In addition, the Commission has found that it is unlawful
   to call a residential telephone line to deliver a telemarketing call if
   any member of the household has made a do-not-call request.

   Under the Act and the Commission's rules, a "telemarketing" call 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."

   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 honored the person's do-not-call request within a reasonable time
   that did not exceed 30 days, or that you can document that the person gave
   permission for the call after making an earlier do-not-call request. 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.

   Washington, D.C. 20554

   You should reference EB-07-TC-3976 when corresponding with the Commission.

   If you request a meeting, 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 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)

   As required by the Privacy Act of 1974, 5 U.S.C. S: 552(a)(e)(3), you are
   hereby notified that the Commission's staff will use all relevant material
   information to determine what, if any, enforcement action is required to
   ensure your compliance with the Commission's rules. This will include any
   information that you disclose in your interview or written statement.

   Finally, you should be aware that 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.


   Kurt A. Schroeder

   Deputy Chief

   Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission


   47 U.S.C. S: 227; 47 C.F.R. S: 64.1200.

   See attached complaint(s).

   47 C.F.R. S: 64.1200(d).

   Consumer.Net v. AT&T, Order, 15 FCC Rcd 281, 298 (1999).

   47 U.S.C. S: 227(a)(3); 47 C.F.R. S: 64.1200(f)(7).

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

   Federal Communications Commission



   Federal Communications Commission


                            WASHINGTON, D.C.  20554