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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                               
                                                                     
                                     )                               
                                                                     
                                     )                               
                                                                     
     In the Matter of                )   File No. EB-05-TC-052       
                                                                     
     National Business Information   )   NAL/Acct. No. 200632170008  
                                                                     
     Corporation                     )   FRN: 0015522121             
                                                                     
                                     )                               
                                                                     
                                     )                               
                                                                     
                                     )                               


                                FORFEITURE ORDER

   Adopted: December 19, 2008 Released: December 22, 2008

   By the Commission:

   I. INTRODUCTION

   1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
   the amount of $153,000 against National Business Information Corporation
   ("NBIC" or "Company") for willful or repeated violations of section 227 of
   the Communications Act of 1934, as amended, ("Act") and the Commission's
   related rules and orders, by delivering at least thirty-four unsolicited
   advertisements to the telephone facsimile machines of at least eight
   consumers.

   II. BACKGROUND

   2. The facts and circumstances surrounding this case are set forth in the
   Commission's Notice of Apparent Liability for Forfeiture and need not be
   reiterated at length.

   3. 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.

   4. On August 31, 2005, in response to one or more consumer complaints
   alleging that NBIC had faxed unsolicited advertisements, the Enforcement
   Bureau ("Bureau") issued a citation to NBIC, pursuant to section 503(b)(5)
   of the Act. The Bureau cited NBIC for using a telephone facsimile machine,
   computer, or other device, to send unsolicited advertisements, in
   violation of section 227 of the Act and the Commission's related rules and
   orders. The citation warned NBIC 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 NBIC 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. NBIC did not request an interview or otherwise respond to the
   citation.

   5. Following the issuance of the citation, the Commission received at
   least eight complaints from consumers alleging that NBIC faxed at least
   thirty-four unsolicited advertisements to them. These violations, which
   occurred after the Bureau's citation, resulted in the issuance of a Notice
   of Apparent Liability for Forfeiture against NBIC on September 20, 2006,
   in the amount of $153,000. The NAL ordered NBIC to either pay the proposed
   forfeiture amount within thirty (30) days or submit evidence or arguments
   in response to the NAL to show that no forfeiture should be imposed or
   that some lesser amount should be assessed. NBIC did not respond to the
   NAL or pay the proposed forfeiture amount.

   III. DISCUSSION

   6. 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."

   7. 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 the thirty-four apparent violations.

   8. NBIC did not respond to the NAL or pay the proposed forfeiture amount.
   NBIC has failed to identify facts or circumstances to persuade us that
   there is a basis for modifying the proposed forfeiture, and we are not
   aware of any further mitigating circumstances sufficient to warrant a
   reduction of the forfeiture penalty. For these reasons, and based on the
   information before us, we hereby impose a total forfeiture of $153,000 for
   NBIC's willful or repeated violation of section 227 of the Act and the
   Commission's related rules and orders as set forth in the NAL.

   IV. ORDERING CLAUSES

   9.. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the
   Communications Act of 1934, as amended, 47 U.S.C. S: 503(b), and section
   1.80(f)(4) of the Commission's rules, 47 C.F.R.

   S: 1.80(f)(4), that The National Business Information Corporation IS
   LIABLE FOR A MONETARY FORFEITURE to the United States Government the sum
   of $153,000 for willfully and repeatedly violating section 227(b)(1)(c) of
   the Communications Act, 47 U.S.C. S: 227(b)(1)(c), section 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. Payment of the forfeiture shall be made in the manner provided for in
   section 1.80 of the Commission's rules within thirty (30) days of the
   release of this Order. If the forfeiture is not paid within the period
   specified, the case may be referred to the Department of Justice for
   collection pursuant to section 504(a) of the Act. 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). National Business
   Information Corporation 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. 

   11. IT IS FURTHER ORDERED that a copy of the Forfeiture Order  shall be
   sent by first class mail and certified mail return receipt requested to
   National Business Information Corporation, Attn: Richard J. McHenry, Sr.,
   1346 W. Arrowhead Rd., #302, Duluth, MN 55811; and National Business
   Information Corporation, Attn: Don Murray, 6924 Aloma Ave., Winter Park,
   FL 32792.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   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).

   National Business Information Corporation, Notice of Apparent Liability
   for Forfeiture, 21 FCC Rcd 10891 (FCC 2006) ("NAL").

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   See 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-05-TC-052, issued to
   NBIC on September 20, 2006.

   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 the following addresses: National
   Business Information Corporation, Attn: CEO Richard J. McHenry, Sr., 1346
   W. Arrowhead Rd., #302 Duluth, MN 55811; and Attn: Don Murray, 6924 Aloma
   Ave., Winter Park, FL 32792.

   See n.2 supra; see also 47 U.S.C. S: 503(b)(1).

   Section 503(b)(2)(C) provides for forfeitures of 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).

   See 47 U.S.C. S: 503(b)(2)(D); see also 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  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).

   47 U.S.C. S: 504(a).

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   Federal Communications Commission FCC 08-273

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   Federal Communications Commission FCC 08-273