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                                  May 5, 2008




   aka United Builders and Design, Inc.

   19737 Ventura Blvd, Ste 310A

   Woodland Hills, CA 91364

   Re: File No. EB-08-TC-789

   Dear Mr. Correspondent:

   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 are consumer complaints regarding telemarketing calls that your
   company, or an entity acting on behalf of your company, made to telephone
   lines that are contained in the National Do-Not-Call Registry. These
   complaints indicate that your company, acting under your direction, has
   violated the Commission's rules regarding telephone solicitations. See 47
   C.F.R. S: 64.1200(c)(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 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. Finally, the rules permit
   telephone solicitations to a consumer whose number is listed on the
   National Do-Not-Call Registry if that consumer has a personal relationship
   with the individual making the calls.

   Accordingly, under the Commission's rules, it is unlawful to deliver a
   telephone solicitation to a residential telephone line on the National
   Do-Not-Call Registry unless: (1) the call is made by or on behalf of a
   tax-exempt nonprofit group; (2) the call is made by a person who has a
   personal relationship with the called party; (3) the called party has
   provided signed, written consent for the call to be made; or (4) the
   called party has made a purchase from, or had a transaction with, the
   caller within the 18 months immediately preceding the call or has made an
   inquiry or application regarding the caller's products or services within
   the three months immediately preceding the call, and the called party has
   not specifically asked the caller to stop all telemarketing calls.

   Entities making telephone solicitations must honor do-not-call
   registrations starting 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. Do-not-call registrations must be honored indefinitely, or until
   either the consumer cancels the registration or the database administrator
   removes the telephone number from the National Do-Not-Call Registry. 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 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 error.

   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 are exempt from the telephone solicitation rules, that you
   downloaded and used the National Do-Not-Call Registry in compliance with
   our rules but the person's telephone number was not on that version of the
   Registry, or that the calls were made in error and should be covered by
   the Commission's safe harbor provisions, 47 C.F.R. S: 64.1200(c)(2)(i). In
   addition, your response should specify the actions that you are taking to
   ensure that you do not violate the Commission's rules governing telephone
   solicitation and unsolicited advertisements, 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 File No. EB-09-TC-789 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 or call the Consumer & Governmental Affairs

   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.


   Kurt A. Schroeder

   Deputy Chief, Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission


   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 two complaints at issue in this citation. Within the
   complaint is the telephone number 877-447-4443, which your business
   utilized during the time period at issue.

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

   Prior express invitation or permission to call a number contained on the
   National Do-Not-Call Registry must be evidenced by a signed, written
   agreement between a consumer and seller. The agreement must include both
   the consumer's consent to be called by the particular seller and the
   telephone number to which such calls may be placed. 47 C.F.R. S:

   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).

   47 C.F.R. S: 64.1200(c)(2)(iii). A "personal relationship" exists if the
   recipient of the call is a "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). The 3-month provision applied to telephone
   solicitations made before January 1, 2005.

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

   See 2003 Order, 18 FCC Rcd at 14042-49; 47 C.F.R. S:
   64.1200(f)(12)(i)-(iii) (exceptions to definition of "telephone

                       Federal Communications Commission



                       Federal Communications Commission


                            WASHINGTON, D.C.  20554