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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )                               
                                                                         
                                         )   File No. EB- 07-TC-621      
     In the Matter of                                                    
                                         )   File No. EB-07-TC-909       
     Timeshare Register                                                  
                                         )   NAL/Acct. No. 200832170075  
     Apparent Liability for Forfeiture                                   
                                         )   FRN: 0017849787             
                                                                         
                                         )                               
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: September 24, 2008 Released: September 26, 2008

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Timeshare Register apparently willfully or repeatedly violated
       section 64.1200(c)(2) of the Commission's rules, by making a telephone
       call for the purpose of delivering a telephone solicitation to a
       residential telephone consumer who had registered his telephone number
       on the National Do-Not-Call Registry. Based on the facts and
       circumstances surrounding this apparent violation, we find that
       Timeshare Register is apparently liable for a forfeiture in the amount
       of $10,000.

   II. BACKGROUND

   2. Section 64.1200(c)(2) of the Commission's rules generally prohibits the
   delivery of telephone solicitations to residential telephone numbers that
   are contained in the National Do-Not-Call Registry, except in certain
   limited situations. Under the Communications Act of 1934, as amended
   ("Act"), and the Commission's rules, a "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." Not every promotional call, however,
   constitutes a prohibited telephone solicitation under this rule. Calls
   made by or on behalf of a tax-exempt nonprofit organization 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. In addition to these
   statutory exemptions, section 64.1200(c)(2)(iii) also permits telephone
   solicitations to National Do-Not-Call registrants in the limited situation
   in which the caller has a personal relationship with the called party.

    3. Entities making telephone solicitations must honor do-not-call
       registrations no later than 31 days after a number is placed on the
       National Do-Not-Call Registry. To accomplish this, section
       64.1200(c)(2)(i)(D) requires entities making telephone solicitations
       to use a version of the National Do-Not-Call Registry obtained no more
       than 31 days before any telephone solicitation is made, and to
       document this process. An entity that does not claim one of the
       exemptions set forth above is not liable for calling a telephone
       number on the National Do-Not-Call Registry only if it is able to
       demonstrate both that it has fully complied with the Commission's
       standards governing use of the National Do-Not-Call Registry as set
       out in section 64.1200(c)(2)(i)(A)-(E) of the rules, and that the
       particular telephone solicitation call was the result of specific
       error.

    4. In order to comply with the Commission's standards, a person or entity
       initiating a telephone solicitation must first demonstrate that, as
       part of its routine business practice it has: (1) established and
       implemented written procedures to comply with the do-not-call rules;
       (2) trained its personnel, and any entity assisting in its compliance,
       in the procedures established pursuant to the do-not-call rules; (3)
       maintained and recorded a list of telephone numbers the seller may not
       contact; (4) used a process to prevent telemarketing to any telephone
       number on any list established pursuant to the do-not-call rules
       employing a version of the National Do-Not-Call Registry obtained from
       the administrator of the Registry within a designated time frame, and
       has maintained records documenting this process; and (5) used a
       process to ensure that it does not sell, rent, lease, purchase, or use
       the Registry for any purpose except national do-not-call compliance,
       and that it has purchased access to the Registry from the Registry
       administrator without participating in any cost sharing arrangement
       with any other entity. We reiterate, however, that the "safe harbor"
       from liability only applies if such person or entity is able to show
       that the particular violative calls made in spite of adherence to the
       enumerated do-not-call procedures were the result of specific error.

    5. On March 5, 2007, in response to one or more consumer complaints
       alleging that Timeshare Register had made telephone calls for the
       purpose of delivering telephone solicitations to residential telephone
       consumers who had registered their telephone numbers on the National
       Do-Not-Call Registry, the Commission staff issued a citation to
       Timeshare Register, pursuant to section 503(b)(5) of the Act. The
       staff cited Timeshare Register for delivering one or more telephone
       solicitations to residential telephone consumers who had registered
       their telephone numbers on the National Do-Not-Call Registry, in
       violation of section 64.1200(c)(2) of the Commission's rules. The
       citation warned Timeshare Register 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 Timeshare Register
       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. Timeshare Register did not
       request an interview or otherwise respond to the citation.

    6. Despite the citation's warning that subsequent violations could result
       in the imposition of monetary forfeitures, we have received an
       additional consumer complaint indicating that Timeshare Register
       continued to engage in such conduct after receiving the citation. We
       base our action here specifically on a complaint filed by a consumer
       establishing that Timeshare Register continued to deliver at least one
       telephone solicitation after the date of the citation to a consumer
       who had registered his telephone number on the National Do-Not-Call
       Registry.

    7. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture 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. The maximum penalty for such a violation is $11,000 for a
       violation occurring before September 2, 2008, and $16,000 for a
       violation occurring on or after September 2, 2008. 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

   8. We find that Timeshare Register apparently violated section
   64.1200(c)(2) of the Commission's rules and orders by delivering at least
   one telephone solicitations to the consumer identified in the Appendix who
   had registered his telephone number on the National Do-Not-Call registry.
   This NAL is based on evidence that a consumer who had registered his
   telephone number on the National Do-Not-Call registry received one
   telephone solicitation from Timeshare Register after the Commission
   staff's citation. The calls at issue advertised timeshares. Hence, the
   call at issue here therefore falls within the definition of a "telephone
   solicitation." Further, we find that the call at issue here was not made
   on behalf of a tax exempt, nonprofit organization. In addition, according
   to the complaint, the consumer neither had an established business
   relationship with Timeshare Register nor gave Timeshare Register prior
   express invitation or permission to deliver the telephone solicitations.
   Finally, Timeshare Register made the call at issue more than thirty-one
   (31) days after the consumer placed his residential telephone number on
   the National Do-Not-Call Registry. Based on the entire record, including
   the consumer complaint, we conclude that Timeshare Register apparently
   violated section 64.1200(c)(2) the Commission's rules by delivering a
   telephone solicitations to a consumer who had registered his telephone
   number on the National Do-Not-Call registry

   .

    B. Proposed Forfeiture

   9. We find that Timeshare Register is apparently liable for a forfeiture
   in the amount of $10,000. The Commission's Forfeiture Policy Statement
   does not establish a base forfeiture amount for violating the prohibition
   on making telephone solicitations to customers who have registered on the
   National Do-Not-Call Registry. The Commission has found that a national
   do-not-call violation implicates the same concern as a violation of the
   company specific do-not-call rules and, accordingly, justifies the
   application of the $10,000 base amount that the Commission previously
   proposed for company specific do-not call violations. We apply that base
   amount to one apparent telephone solicitation violation. Thus, we propose
   a total forfeiture of $10,000. Timeshare Register 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

   10. We have determined that Timeshare Register apparently violated section
   64.1200(c)(a) of the Commission's rules by delivering at least one
   telephone solicitation to the consumer identified in the Appendix who had
   registered his telephone number on the National Do-Not-Call registry. We
   have further determined that Timeshare Register is apparently liable for a
   forfeiture in the amount of $10,000.

   11. 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, and
   under the authority delegated by sections 0.111 and 0.311 of the
   Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Timeshare Register
   is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
   amount of $10,000 for willful or repeated violations of section
   64.1200(c)(2) of the Commission's rules, 47 C.F.R. S: 64.1200(c)(2), and
   the related orders described in the paragraphs above.

   12. 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, Timeshare Register SHALL PAY
   the full amount of the proposed forfeiture or SHALL FILE a written
   statement seeking reduction or cancellation of the proposed forfeiture.

   13. Payment of the forfeiture must be made by check or similar instrument,
   payable to the order of the Federal Communications Commission. The payment
   must include the NAL/Account Number and FRN Number referenced above.
   Payment by check or money order may be mailed to Federal Communications
   Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
   overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
   SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire
   transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC,
   and account number 27000001. For payment by credit card, an FCC Form 159
   (Remittance Advice) must be submitted.  When completing the FCC Form 159,
   enter the NAL/Account number in block number 23A (call sign/other ID), and
   enter the letters "FORF" in block number 24A (payment type code).
   Timeshare Register will also send electronic notification on the date said
   payment is made to Johnny.drake@fcc.gov. Requests for full payment under
   an installment plan should be sent to:  Chief Financial Officer --
   Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
   D.C.  20554.   Please contact the Financial Operations Group Help Desk at
   1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding
   payment procedures.

   14. 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.

   15. 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.

   16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture shall be sent by Certified Mail Return Receipt Requested
   and regular mail to Timeshare Register, Attention: Christopher Mazzone,
   Owner, 2672 Bayshore Boulevard, Dunedin, FL 34698 and 2314 Bent Tree Rd.,
   Palm Harbor, FL 34684.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                    APPENDIX

                         Complainant and Violation Date


     Complainant received telephone solicitation after       Violation Date  
     registering on the National Do-Not-Call Registry                        

     Rick Rasnic                                             10/10/2007      


   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, Timeshare Register is also
   doing business as Timeshare Register Group, LLC and Timeshare Registry
   International. Therefore, all references in this NAL to "Timeshare
   Register" encompass Timeshare Register as well as Timeshare Register
   Group, LLC and Timeshare Registry International. Timeshare Register has
   offices at 2672 Bayshore Boulevard, Dunedin, FL 34698 and 2314 Bent Tree
   Rd., Palm Harbor, FL 34684. Christopher Mazzone, Owner, is listed as the
   contact person for Timeshare Register. Accordingly, all references in this
   NAL to "Timeshare Register" also encompass the foregoing individual and
   all other principals and officers of this entity or entities, as well as
   the corporate entity or entities.

   See 47 C.F.R. S: 64.1200(c)(2).

   47 C.F.R. S: 64.1200(c)(2).

   47 U.S.C. S: 227(a)(3); 47 C.F.R. S: 64.1200(f)(12).

   47 U.S.C S: 227(a)(3); 47 C.F.R. S: 64.1200(f)(12).

   Section 64.1200(c)(2)(ii) of our rules requires that prior express
   invitation or permission "must be evidenced by a signed, written agreement
   between the consumer and seller which states that the consumer agrees to
   be contacted by this seller and includes the telephone number to which the
   calls may be placed." 47 C.F.R. S: 64.1200(c)(2)(ii).

   For do-not-call purposes, 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." 47 C.F.R. S: 64.1200(f)(4). 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)(4)(i); see also Rules and Regulations Implementing
   the Telephone Consumer Protection Act of 1991, Report and Order, 18 FCC
   Rcd 14014, 14070, para. 96 (2003); 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).

   The term "personal relationship" means "any family member, friend, or
   acquaintance of the telemarketer making the call." 47 C.F.R. S:
   64.1200(f)(14).

   The 31-day requirement applies to telephone solicitations made on or after
   January 1, 2005. Rules and Regulations Implementing the Telephone Consumer
   Protection Act of 1991, Order, 19 FCC Rcd 19215 (2004). Previously, the
   Commission's rules provided that do-not-call registrations had to be
   honored within 3 months. Rules and Regulations Implementing the Telephone
   Consumer Protection Act of 1991, Report and Order, 18 FCC Rcd 14014,
   14040, para. 38 (2003). An analogous 3-month provision applied to
   telephone solicitations made before January 1, 2005.

   47 C.F.R. S: 64.1200(c)(2)(1)(A)-(E).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-621, issued to
   Timeshare Register on March 5, 2007.

   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 Timeshare Register, Attn: Chris
   Mazzone, Owner, 2672 Bayshore Boulevard, Dunedin, FL 34698. See n.2,
   supra.

   Following the issuance of the citation, the Commission continued to
   receive complaints from multiple customers alleging that Timeshare
   Register placed calls to consumers on the National Do Not Call list. One
   of these complaints, received after the Commission's citation, resulted in
   the issuance of an additional citation against Timeshare Register on May
   29, 2007. Citation from Kurt A. Schroeder, Deputy Chief,
   Telecommunications Consumers Division, Enforcement Bureau, File No.
   EB-07-TC-909, issued to Timeshare Register on May 29, 2007. Another
   complaint resulted in the issuance of a Notice of Apparent Liability for
   Forfeiture in the amount of $20,000 on June 11, 2008. Timeshare Register,
   Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 9206 (2008). To
   date, Timeshare Register has not filed a response to this NAL.

   See Appendix for a listing of the consumer complaint against Timeshare
   Register requesting Commission action.

   We note that evidence of additional instances of unlawful conduct by
   Timeshare Register 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)
   first to $11,000 and more recently to $16,000. 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)
   (forfeiture maximum for this type of violator set at $11,000); Amendment
   of Section 1.80(b) of the Commission's Rules and Adjustment of Forfeiture
   Maxima to Reflect Inflation, 19 FCC Rcd 10945 (2004) (amendment of section
   1.80(b) to reflect inflation left the forfeiture maximum for this type of
   violator at $11,000); Amendment of Section 1.80(b) of the Commission's
   Rules, Adjustment of Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd
   9845 (2008) (amendment of section 1.80(b) to reflect inflation increased
   the forfeiture maximum for this type of violator to $16,000).

   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 47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(12).

   See, complaint dated October 10, 2007, from Rick Rasnic (stating that he
   has never done any business with the company, never made an inquiry or
   application to the company, and never gave permission for the company to
   make the calls). The complainant involved in this action is listed in the
   Appendix.

   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 (1997), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture
   Policy Statement).

   Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469, para.
   43 (2007).

   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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 08-2141

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   Federal Communications Commission DA 08-2141