Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                               )                             
                                                                             
                                               )                             
                                                                             
     In the Matter of                          )                             
                                                                             
     MEXICO MARKETING, LLC                     )                             
                                                                             
     d/b/a TravelComm, Inc.                    )                             
                                                                             
     d/b/a TravelComm Industries, Inc.         )                             
                                                                             
     d/b/a Canadian Travel                     )                             
                                                                             
     d/b/a Patriot Travel                      )                             
                                                                             
     d/b/a CancunAllInclusive.net              )                             
                                                                             
     d/b/a Cheapticketscancun                  )                             
                                                                             
     d/b/a International Resort Reservations   )   File No. EB-06-TC-130     
                                                                             
     d/b/a Cancun Adventures, Inc.             )   NAL/Acct. No.             
                                                   200732170070              
     d/b/a cancunbestfares                     )                             
                                                   FRN: 0016560401           
     d/b/a cancunonsale.com                    )                             
                                                                             
     d/b/a Choosecancun.com                    )                             
                                                                             
     d/b/a Island Reef Resorts                 )                             
                                                                             
     d/b/a Vacations, Inc.                     )                             
                                                                             
     d/b/a Vacations IV                        )                             
                                                                             
     d/b/a your cancun vacation                )                             
                                                                             
     d/b/a yourcancunvacation.com              )                             
                                                                             
     d/b/a Priceline Cancun                    )                             
                                                                             
     Apparent Liability for Forfeiture         )                             
                                                                             
                                               )                             
                                                                             
                                               )                             


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: June 30, 2008 Released: June 30, 2008

   By the Commission:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Mexico Marketing, LLC ("Mexico Marketing") 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 forty-one unsolicited advertisements to the
       telephone facsimile machines of at least thirty-one consumers. Based
       on the facts and circumstances surrounding the apparent violation, we
       find that Mexico Marketing is apparently liable for a forfeiture in
       the amount of $239,500.

   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 June 30, 2006, in response to one or more consumer complaints
       alleging that Mexico Marketing had faxed unsolicited advertisements,
       the Enforcement Bureau ("Bureau") issued a citation to Mexico
       Marketing, pursuant to section 503(b)(5) of the Act. The Bureau cited
       Mexico Marketing for using a telephone facsimile machine, computer, or
       other device, to send unsolicited advertisements to a telephone
       facsimile machine, in violation of section 227 of the Act and the
       Commission's related rules and orders. The citation, which was served
       by certified mail, return receipt requested, warned Mexico Marketing
       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 Mexico Marketing that within thirty (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. Mexico Marketing 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 additional
       consumer complaints indicating that Mexico Marketing continued to
       engage in such conduct after receiving the citation. We base our
       action here specifically on the complaints filed by thirty-one
       consumers establishing that Mexico Marketing continued to send
       forty-one unsolicited advertisements to telephone facsimile machines
       after the date of the 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 Mexico Marketing 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 forty-one
   unsolicited advertisements to the thirty-one consumers identified in the
   Appendix. This NAL is based on evidence that the consumers received
   unsolicited fax advertisements from Mexico Marketing after the
   Commission's citation. The facsimile transmissions advertise vacation
   packages. Further, according to the complaints, the consumers neither had
   an established business relationship with Mexico Marketing nor gave Mexico
   Marketing 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 Mexico Marketing apparently violated section
   227 of the Act and the Commission's related rules and orders by sending
   forty-one unsolicited advertisements to thirty-one consumers' facsimile
   machines.

    B. Proposed Forfeiture

   7. We find that Mexico Marketing is apparently liable for a forfeiture in
   the amount of $239,500. 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 thirty-one 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, seven consumers specifically requested that Mexico Marketing cease
   sending facsimiles. Notwithstanding these requests, Mexico Marketing sent
   ten additional facsimiles to these consumers. We therefore apply the
   $10,000 amount to each of these ten apparent violations. Thus, a total
   forfeiture of $239,500 is proposed. Mexico Marketing 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 Mexico Marketing 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
   forty-one unsolicited advertisements to the thirty-one consumers
   identified in the Appendix. We have further determined that Mexico
   Marketing is apparently liable for a forfeiture in the amount of $239,500.

   9. 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, that
   Mexico Marketing is hereby NOTIFIED of this APPARENT LIABILITY FOR A
   FORFEITURE in the amount of $239,500 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, Mexico Marketing 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 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). Mexico
   Marketing 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.

   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. 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
   Mexico Marketing, Attention: Jerry Decker, Rigoberto Sotolongo, 5895
   Carrier Drive, Orlando, FL 32819; 5850 Lakehurst Drive, #280, Orlando, FL
   32819; P.O. Box 300245, Casselberry, FL 32730; 322 W. Newell St., Winter
   Garden, FL 34787; P.O. Box 300039, Fern Park, FL 32730; 5439 International
   Drive, Orlando, FL 32819; 5859 Carrier Drive, Orlando, FL 32819; 7205
   International Drive, Orlando, FL 32819; and c/o Dorough, Calzada & Hamner,
   P.L., 419 North Magnolia Avenue, Orlando, FL 32801.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                    APPENDIX

                        Complainants and Violation Dates


     Complainant received facsimile               Violation Date(s)          
     solicitations                                                           

     Jere Bice                                    7/2/07                     

     Chris Burger                                 7/12/07                    

     Audrey Casey                                 7/5/07                     

     Sue Conachan                                 7/12/07                    

     David Crochet                                7/13/07                    

     Mike Cullen                                  7/5/07                     

     Warren Davis                                 7/9/07                     

     Mark Duranty                                 7/3/07                     

     Joann Formisano                              7/6/07                     

     Ben Forta                                    7/3/07                     

     Bonnie Geisler                               7/10/07, 7/11/07, 7/12/07  

     Sherry Germann                               7/5/07                     

     Rick Grossman                                7/13/07                    

     Lanny Hochhalter                             7/12/07                    

     Mark Kirschke                                7/10/07                    

     James Merlo                                  7/7/07                     

     Robert Nicolais                              7/6/07                     

     David Oglesby                                7/3/07, 7/11/07            

     J. Schutze                                   7/5/07                     

     Karen Shill                                  7/12/07                    

     Anthony Sifert                               7/2/07, 7/9/07             

     Helge Steiness                               7/3/07                     

     Jimmy Sutton                                 7/12/07                    

     R. Bryan Tilden                              7/4/07, 7/11/07            

     Sophia Yen                                   7/1/07, 7/2/07             



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

     Sue Beach-Roberts                             7/16/07, 7/27/07          

     Tyler Boon                                    7/11/07                   

     Ellen Gordon                                  7/2/07                    

     Randal Miles                                  7/3/07, 7/10/07, 7/16/07  

     Virginia Nash                                 7/16/07                   

     Helge Steiness                                7/10/07                   

     Mac Watson                                    7/3/07                    



   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, Mexico Marketing is also
   doing business as TravelComm, Inc., TravelComm Industries, Inc., Canadian
   Travel, Patriot Travel, CancunAllInclusive.net, Cheapticketscancun,
   International Resort Reservations, Cancun Adventures, Inc,
   cancunbestfares, cancunonsale.com, Choosecancun.com, Island Reef Resorts,
   Vacations, Inc., Vacations IV, your cancun vacation, yourcancunvaction.com
   and Priceline Cancun. Therefore, all references in this NAL to "Mexico
   Marketing" encompass Mexico Marketing as well as TravelComm, Inc.,
   TravelComm Industries, Inc., Canadian Travel, Patriot Travel,
   CancunAllInclusive.net, Cheapticketscancun, International Resort
   Reservations, Cancun Adventures, Inc., cancunbestfares, cancunonsale.com,
   Choosecancun.com, Island Reef Resorts, Vacations, Inc., Vacations IV, your
   cancun vacation, yourcancunvaction.com and Priceline Cancun. Mexico
   Marketing has offices at 5895 Carrier Drive, Orlando, FL 32819; 5850
   Lakehurst Drive, #280, Orlando, FL 32819; P.O. Box 300245, Casselberry, FL
   32730; 322 W Newell St., Winter Garden, FL 34787; P.O. Box 300039, Fern
   Park, FL 32730; 5439 International Drive, Orlando, FL 32819; 5859 Carrier
   Drive, Orlando, FL 32819; and 7205 International Drive, Orlando, FL 32819.
   Jerry Decker, President of Sales and Marketing, is listed as the contact
   person for Mexico Marketing. Rigoberto Sotolongo is listed as President
   for Mexico Marketing and Peter Sotolongo is the Manager. Accordingly, all
   references in this NAL to "Mexico Marketing" also encompass the foregoing
   individuals and all other principals and officers of this entity, as well
   as the corporate entity itself. The Registered Agent for Mexico Marketing
   is listed as Dorough, Calzada & Hamner, P.L., 419 North Magnolia Avenue,
   Orlando, FL 32801.

   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-06-TC-130, issued to
   Mexico Marketing on June 30, 2006. The Commission staff previously issued
   a citation for unsolicited facsimile advertising to TravelComm Industries,
   Inc. on May 19, 2005.

   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).

   Bureau staff mailed the citation to Mexico Marketing, LLC's three Florida
   addresses: 5895 Carrier Drive, Orlando, FL 32819; P.O. Box 300245,
   Casselberry, FL 32730; and 322 W. Newell St., Winter Garden, FL 34787. The
   citation was also sent by regular mail to P.O. Box 300245, Casselberry, FL
   32730. 

   Following the issuance of the citation, the Commission continued to
   receive complaints from multiple consumers alleging that Mexico Marketing
   faxed unsolicited advertisements to them. These complaints, received after
   the Commission's citation, resulted in the issuance of two Notices of
   Apparent Liability for Forfeiture against Mexico Marketing on July 31,
   2007 in the amount of $1,133,000 and on December 28, 2007 in the amount of
   $325,000. Mexico Marketing, LLC, Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 14196 (2007); Mexico Marketing, LLC, Notice of
   Apparent Liability for Forfeiture, 22 FCC Rcd 22218 (2007).

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

   We note that evidence of additional instances of unlawful conduct by
   Mexico Marketing 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 July 2, 2007, from Jere Bice (stating that he
   has never done any business with the fax advertiser, never made an inquiry
   or application to the fax advertiser and never given permission for the
   company to send the fax); complaint dated July 12, 2007, from Sue Conachan
   (stating that she has never done any business with the fax advertiser,
   never made an inquiry or application to the fax advertiser and never given
   permission for the company to send the fax). The complainants involved in
   this action are listed in the Appendix.

   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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 08-161

   1

   2

   Federal Communications Commission FCC 08-161