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April 10, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Corporate Image Marketing, Inc.
Corporate Image Marketing d/b/a Abco Communications
Corporate Image Marketing d/b/a Brand800.com
c/o Mr. Anthony B. Kinnear and Mr. Robert Zoglin
418 Aviation Blvd.
Suite E
Santa Rosa, CA 95403
RE: EB-07-TC-13275
Dear Mssrs. Kinnear and Zoglin:
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 failure to respond completely and timely to a Commission
inquiry and for violations of the Federal Communications Commission's
rules that govern toll free number administration. As explained below,
future violations of the Act or Commission's rules in this regard may
subject you and your company to monetary forfeitures.
Sections 4(i), 4(j), and 403 of the Act afford the Commission broad
authority to investigate the entities it regulates. Section 4(i)
authorizes the Commission to "issue such orders, not inconsistent with
this Act, as may be necessary in the execution of its functions," and
Section 4(j) states that "the Commission may conduct its proceedings in
such manner as will best conduce to the proper dispatch of business and to
the ends of justice." Section 403 likewise grants the Commission "full
authority and power to institute an inquiry, on its own motion ...
relating to the enforcement of any of the provisions of this Act."
Section 251(e)(1) of the Act requires the Commission to ensure that
numbers are made available on an equitable basis. To meet this obligation,
the Commission implemented rules to ensure "the efficient, fair, and
orderly allocation of toll free numbers" and, specifically prohibit the
warehousing and hoarding of toll free numbers. Warehousing is defined as a
practice whereby Responsible Organizations ("RespOrgs") reserve toll free
numbers from the Service Management System database without having a
customer for whom the numbers are being reserved. Hoarding is defined as a
practice whereby a toll free subscriber acquires more numbers than the
subscriber plans to use. Hoarding also includes number brokering, which is
the selling of a toll free number for a fee. The Commission has found that
warehousing and hoarding are contrary to the public interest.
It has come to our attention that your company, acting under your
direction, reserved toll free numbers, either directly or indirectly
through an affiliate, from the Service Management System database without
having an actual toll free subscriber for whom those numbers were being
reserved. In addition, your company, acting under your direction, engaged
in the selling of toll free numbers for a fee.
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, (2) a written statement, or (3)
a teleconference interview with the Commission's Telecommunications
Consumers Division in Washington, DC. Your response should specify the
actions that you are taking to ensure that you do not violate the
Commission's rules governing the warehousing and hoarding of toll free
numbers, as described above.
Please contact Sharon Lee at (202) 418-7534 to arrange for an interview at
the closest field office, 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:
Sharon D. Lee
Associate Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
445-12th Street, S.W., Rm. 4-A222
Washington, D.C. 20554
Reference EB-07-TC-13275 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,
Colleen K. Heitkamp
Chief, Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
Enclosures
cc: Todd Daubert
Isaac Himowitz
See 47 C.F.R. S:S: 52.105 and 52.107. A copy of these provisions is
enclosed for your convenience.
47 U.S.C. S: 154(i).
47 U.S.C. S 154(j).
47 U.S.C. S: 403.
47 U.S.C. S: 251(e)(1). See also Toll Free Service Access Codes, Second
Report and Order and Further Notice of Proposed Rulemaking, CC Docket No.
95-155, 12 FCC Rcd 11162 (1997) (Second Report and Order).
See Second Report and Order, 12 FCC Rcd 11162 (1997). See also Toll Free
Service Access Codes, Fourth Report and Order, CC Docket No. 95-155, 13
FCC Rcd 9058 (1998); see also Toll Free Service Access Codes, Fifth Report
and Order, CC Docket No. 95-155, 15 FCC Rcd 11939 (2000).
47 C.F.R. S: 52.105.
47 C.F.R. S: 52.107.
Id.
See Second Report and Order, 12 FCC Rcd 11162 at paras. 25 and 30
(requiring language be added to the SMS tariff and the LECs' toll free
database access tariffs to make RespOrgs aware of the Commission's
conclusions on the subject of warehousing and hoarding). See also sections
52.105 and 52.107 of the Commission's rules, 47 C.F.R. S:S: 52.105 and
52.107.
Federal Communications Commission DA 08-825
2
2
Federal Communications Commission DA 08-825
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554