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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                         
                                                                             
                                   )                                         
                                                                             
                                   )                                         
     In the Matter of                  File Nos. EB- 05-TC-078,              
                                   )   EB-07-TC-1270                         
     MHJP, Inc. f/k/a BCJR, Inc.                                             
                                   )   NAL/Acct. No. 200732170071            
     Apparent Liability for                                                  
     Forfeiture                    )   FRN: 0016773517                       
                                                                             
                                   )                                         
                                                                             
                                   )                                         
                                                                             
                                   )                                         


                  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 MHJP, Inc., f/k/a BCJR, Inc. ("MHJP") 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 seventeen unsolicited advertisements to the
       telephone facsimile machines of at least thirteen consumers.  Based on
       the facts and circumstances surrounding these apparent violations, we
       find that MHJP is apparently liable for a forfeiture in the amount of
       $87,500.

   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 December 22, 2005, in response to one or more consumer complaints
       alleging that BCJR, MHJP's predecessor, had faxed unsolicited
       advertisements, the Commission staff issued  a citation to BCJR,
       pursuant to section 503(b)(5) of the Act.  In this citation, the staff
       cited  the company  for using a telephone facsimile machine, computer,
       or other device, to send unsolicited advertisements for travel
       promotions  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  the company 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 the company that
       within thirty  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. The company 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
       seventeen  additional consumer complaints indicating that MHJP 
       continued to engage in such conduct after receiving the citation.  We
       base our action here specifically on complaints  filed by  thirteen 
       consumers establishing that MHJP  continued to send  seventeen 
       unsolicited advertisements to telephone facsimile machines after
       December 22, 2005, the date of the initial 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 MHJP 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 seventeen
       unsolicited advertisements to the thirteen consumers identified in the
       Appendix. This NAL is based on evidence that these consumers received
       unsolicited fax advertisements from MHJP after the Bureau's December
       22, 2005 citation. The facsimile transmissions advertise travel
       promotions. Further, according to the complaints, the consumers 
       neither had an established business relationship with MHJP,  nor gave
       MHJP  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 MHJP apparently violated section 227 of
       the Act and the Commission's related rules and orders by sending
       seventeen unsolicited advertisements to thirteen consumers' facsimile
       machines.

    B. Proposed Forfeiture

    7. We find that MHJP is apparently liable for a forfeiture in the amount
       of $87,500.  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 fifteen of the apparent
       violations. 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 MHJP cease
       sending facsimiles. Notwithstanding these requests, an additional two
       facsimiles were sent to these consumers. Thus, we apply the $10,000
       amount to each of two of the apparent violations. Thus, a total
       forfeiture of $87,500 is proposed. MHJP 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 MHJP, Inc. 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 seventeen unsolicited advertisements to the thirteen consumers
       identified in the Appendix. We have further determined that MHJP, Inc.
       is apparently liable for a forfeiture in the amount of $87,500.

    9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, and
       section 1.80 of the Rules, 47 C.F.R. S: 1.80, 47 U.S.C. S: 503(b),
       that MHJP, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of $87,500 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, MHJP, Inc. 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.
       200732170071.

   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 MHJP, Inc., Attention: Matt Hubbard, President, 3059
       Autumn Court, Winter Park, FL 32792-1738; 180 N. Westmonte Drive,
       Altamonte Springs, FL 32714-3342, P.O. Box 161759, Altamonte Springs,
       FL 32716 and c/o Traci Reagan, 513 Balsawood Court, Altamonte Springs,
       FL 32714.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX


     Complainant sent facsimile solicitations   Violation Date(s)          

     Anne Sheafer                               8/25/06                    

     Jerome Grdina                              8/9/06                     

     Babette Krolik                             9/28/06                    

     Norman McCrea                              8/21/06                    

     Joseph Zelik                               10/4/06                    

     Mark Wehrmann                              8/29/06                    

     Steve Haynosch                             8/2/06                     

     Van Wood                                   8/28/06, 9/12/06           

     Lauren Blough                              9/7/06                     

     Nick Weaver                                9/28/06, 10/12/06          

     Nicole McMahan                             8/15/06, 8/28/06, 10/4/06  








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

     Peter Kutemeyer                                      8/9/06             

     Grant Weldin                                         8/17/06            





   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, MHJP, Inc. was formerly known
   as BCJR, Inc. Therefore, all references in this NAL to MHJP encompass MHJP
   as well as BCJR. MHJP has  offices at P.O. Box 161759, Altamonte Springs,
   FL 32716; 180 N. Westmonte Drive, Altamonte Springs, FL 32714-3342 and
   3059 Autumn Court, Winter Park, FL 32792-1738. BCJR had offices at 180 N.
   Westmonte Drive, Altamonte Springs, FL 32714-3342. Matt Hubbard,
   President, is listed as the contact person for MHJP. Accordingly, all
   references in this NAL to MHJP also encompass the foregoing individual and
   all other principals and officers of this entity, as well as the corporate
   entity itself. The registered agent for MHJP, who was also the registered
   agent for BCJR, is Traci Reagan, 513 Balsawood Court, Altamonte Springs,
   FL 32714.

   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: 64.1200(a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-05-TC-078 issued to
   BCJR, Inc. on December 22, 2005. The Commission staff subsequently issued
   a citation to the same entity under the name "MHJP." See Citation from
   Kurt A. Schroeder, Deputy Chief, Telecommunications Consumers Division,
   Enforcement Bureau, File No. EB-07-TC-1270 issued to MHJP, Inc. f/k/a
   BCJR, Inc. on May 25, 2007. All violations at issue herein pre-date this
   later citation.

   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 issued the December 22, 2005 citation to BCJR, Inc.,
   because MHJP formerly operated under the corporate name BCJR, Inc. See
   n.2, supra. In a letter dated November 13, 2006 responding to a Commission
   request for information, TouchTone Communications provided previous
   billing information for MHJP indicating that BCJR was the predecessor to
   MHJP. Letter from Neil DeRiggi, Customer Service Manager, TouchTone
   Communications, to Federal Communications Commission, Enforcement Bureau,
   Telecommunications Consumers Division, dated November 13, 2006. The
   toll-free number at issue in this NAL, 1-800-215-3132, was listed as a
   number "associated" with the toll-free number that Commission staff had
   inquired about at that time. The letter indicated that Matt Hubbard was
   the contact person for both BCJR and MHJP. As of June 14, 2007, Matt
   Hubbard was still listed as the contact person for MJHP in TouchTone's
   billing records. Letter from Neil DeRiggi, Customer Service Manager,
   TouchTone Communications, to Federal Communications Commission, dated June
   14, 2007.

   Commission staff mailed the December 22, 2005 citation to BCJR, Inc., 180
   N. Westmont Drive, Altamonte Springs, FL 32714, and sent the May 25, 2007
   citation to MHJP, Inc. f/k/a BCJR, Inc., 3059 Autumn Court, Winter Park,
   FL 32792-1738; and P.O. Box 161759, Altamonte Springs, FL 32716. See n.2,
   supra.

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

   We note that evidence of additional instances of unlawful conduct by MHJP
   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 August 28, 2006, from Anne Sheafer, Mageira
   Diesel Injection Service, Inc., stating that her company neither gave
   consent, nor did business with any of the companies from whom it received
   unsolicited faxes, including MHJP. 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 FCC 07-135

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   Federal Communications Commission FCC 07-135