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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:  August 1, 2007   Released: August 1, 2007

   By the Commission:

   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 29 unsolicited advertisements to the telephone
       facsimile machine of at least 18  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 $130,500.

   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,  Rescue 911 Aerosol Instant Roof Patch, and
       Speedy-Clean Concrete Dissolver, 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 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 18 consumers establishing that
       Red Rose continued to send 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 29
       unsolicited advertisements to the 18 consumers identified in the
       Appendix. This NAL is based on evidence that the consumers received
       unsolicited fax advertisements from Red Rose after the Bureau's
       citation. The facsimile transmissions advertise business funding and
       chemical products, namely Sub Zero Liquid Ice Melt, Rescue 911 Aerosol
       Instant Roof Patch, and Speedy-Clean Concrete Dissolver. 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 29 unsolicited
       advertisements to 18 consumers' facsimile machines.

    B. Proposed Forfeiture

    7. We find that Red Rose is apparently liable for a forfeiture in the
       amount of $130,500.  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 the 29 apparent
       violations. Thus, a total forfeiture of $130,500 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 29 unsolicited advertisements to the 18 consumers identified in
       the Appendix. We have further determined that Red Rose International
       is apparently liable for a forfeiture in the amount of $130,500.

    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,
       that Red Rose International is hereby NOTIFIED of this APPARENT
       LIABILITY FOR A FORFEITURE in the amount of $130,500 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

   Marlene H. Dortch

   Secretary

                                    APPENDIX


     Complainant                                 Violation Date(s)           

     Brad Levine, Shark Research Institute       9/22/06, 9/26/06            

     Sean Cryer                                  8/7/06                      

     Nicole McMahan, M.B. Kahn Construction      11/8/06, 8/23/06, 12/19/06  
     Company, Inc.                                                           

     Eckhart Rahn, Mayflower Music Corp. d/b/a   8/17/06                     
     Celestial Harmonies                                                     

     Steven C. Thomas, SCT Properties            11/15/06                    

     Virginia Furr                               8/6/06                      

     Ann Sheafer, Magiera Diesel Injection       9/20/06, 9/29/06, 11/3/06   
     Services, Inc.                                                          

     Howard Gordon, Goodrich Management Corp.    11/15/06                    

     Jodie Anderson                              1/17/06                     

     Kevin Photiades, Pioneer Telephone          12/27/06                    

     Elizabeth A. Carnes, Half Halt Press,       8/4/06                      
     Inc.                                                                    

     Sandra Tokarski                             3/6/07                      

     Rommel Rodriguez                            1/31/07                     

     John Carr, Gemini Countertops               3/14/07                     

     Nick Weaver, Murphy Family, Inc.            1/8/07, 2/26/07             

     Kurt Kolb, Speakeasy Productions            2/15/07                     

     Christy Gil, Dubose Model Homes USA         11/15/06                    

     Van Wood, Smallcorp                         9/5/06, 10/6/06, 10/19/06,  
                                                 11/14/06, 1/16/06, 1/31/07  


   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, 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 International 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.

   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 October 20, 2006, from Van Wood (stating that
   "This message was unsolicited and we have no established business
   relationship with the sender."); complaint dated September 27, 2006 from
   Brad Levine (stating that "We have no Established Business Relationship
   with this company and have never given them permission to contact us.");
   complaint dated November 9, 2006 from Nicole McMahan (stating that "The
   faxes were not requested, opted-in, nor do we have a prior business
   relationship with any of the companies."). 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 FCC 07-134

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   Federal Communications Commission FCC 07-134