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                                 June 18, 2008

   VIA CERTIFIED MAIL AND REGULAR MAIL

   RETURN RECEIPT REQUESTED

   Michael Canales

   4164 Tujunga Avenue

   Apt. 105

   Studio City, CA 91604-4816

   RE: File No. EB-08-TC-1996

   Dear Mr. Canales:

   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 violations of the Act and the Federal Communications Commission's
   rules that govern telephone solicitations and unsolicited advertisements.
   As explained below, you may appeal this citation. In addition, future
   violations of the Act or Commission's rules in this regard may subject you
   and your company to monetary forfeitures.

   Attached is a consumer complaint regarding an autodialed, prerecorded, or
   artificial voice message that your company, acting under your direction,
   has delivered to an emergency telephone line, a telephone line of a guest
   or patient room at a health care facility, or a telephone number assigned
   to a paging service, cellular telephone service or any service for which
   the called party is charged for the call. This complaint indicates that
   you and your company have violated section 227(b)(1)(A) of the Act and
   section 64.1200(a)(1) of the Commission's rules. See 47 U.S.C. S:
   227(b)(1)(A); 47 C.F.R. S: 64.1200(a)(1).

   Under Section 227(b)(1)(A) of the Act and section 64.1200(a)(1) of the
   Commission's rules, it is unlawful for any person within the United
   States, or any person outside the United States if the recipient is within
   the United States to initiate calls using an automatic telephone dialing
   system or an artificial or prerecorded voice to (1) any emergency
   telephone line, (2) the telephone line of any guest or patient room at a
   health care facility, or (3) any telephone number assigned to a paging
   service, cellular telephone service or any service for which the called
   party is charged for the call. The provisions provide exceptions when the
   call is made (1) for emergency purposes, or (2) with the prior express
   consent of the called party.

   It appears that you and your company have also violated other Commission
   rules that govern all prerecorded messages. Under section 64.1200(b),
   prerecorded messages must, at the beginning of the message, state clearly
   the identity of the business (the name under which the business is
   registered to conduct business with the State Corporation Commission or
   comparable regulatory authority), individual, or other entity that is
   responsible for initiating the call. In addition, the telephone number or
   address of such business, or individual, or other entity must be provided
   either during or after the prerecorded message. According to the attached
   information received by the Commission, it appears that your telephone
   solicitation(s) did not contain all of the required information.

   Section 64.1200(c)(1) of the Commission's rules generally prohibits the
   delivery of telephone solicitations to residential telephone numbers
   "before the hour of 8 a.m. or after 9 p.m. (local time at the called
   party's locations)." Under the Communications Act and the Commission's
   rules, a "telephone solicitation" 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." Calls made by or on behalf of tax-exempt nonprofit groups 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.

   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 can document that you had an established business relationship
   with the called party at the time of the call or that you are a tax-exempt
   nonprofit organization. In addition, your response should specify the
   actions that you are taking to ensure that you do not violate the
   Commission's rules governing prerecorded messages, 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.

   Rm. 4-C222

   Washington, D.C. 20554

   Reference EB-08-TC-1996 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,

   Kurt A. Schroeder

   Deputy Chief, Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission

   Enclosures

   47 U.S.C. S: 227; 47 C.F.R. S: 64.1200. A copy of these provisions is
   enclosed for your convenience. Section 227 was added to the Communications
   Act by the Telephone Consumer Protection Act of 1991 and is most commonly
   known as the TCPA. The TCPA and the Commission's parallel rules restrict a
   variety of practices that are associated with telephone solicitation and
   use of the telephone network to deliver unsolicited advertisements,
   including prerecorded messages to residential telephone lines.

   We have attached the complaint at issue in this citation. Within the
   complaint is the telephone number 818-842-7515, which your business
   utilized during the time period at issue.

   The term "automatic telephone dialing system" means "equipment which has
   the capacity  to store or produce telephone numbers to be called, using a
   random or sequential number generator, and to dial such numbers." 47
   U.S.C. S: 227(a)(1); 47 C.F.R. S: 64.1200(f)(1).

   47 U.S.C. S: 227(b)(1)(A)(i) - (iii); 47 C.F.R. S: 64.1200(a)(1)(i) -
   (iii).

   47 U.S.C. S: 227(b)(1)(A); 47 C.F.R. S: 64.1200(a)(1).

   Any telephone number so provided may not be for (1) an autodialer or
   prerecorded message player that placed the call, (2) a 900 number, or (3)
   any other number for which charges exceed local or long distance
   transmission charges. In addition, any such telephone number provided in
   connection with a prerecorded sales messages to a residential telephone
   subscriber must permit any individual to make a do-not-call request during
   regular business hours for the duration of the telemarketing campaign.

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

   An "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, 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).

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

                       Federal Communications Commission

   1

   2

                       Federal Communications Commission

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554