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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                               
                                                               
                               )                               
                                                               
                               )                               
                                   File No. EB-07-TC-063       
     In the Matter of          )                               
                                   NAL/Acct. No. 200832170053  
     First Alliance Security   )                               
                                   FRN: 0017851361             
                               )                               
                                                               
                               )                               
                                                               
                               )                               


                                FORFEITURE ORDER

   Adopted: August 3, 2009 Released: August 4, 2009

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of $13,500 against First Alliance Security ("First
       Alliance") 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 three unsolicited
       advertisements to the telephone facsimile machines of at least three
       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 February 12, 2007, in response to one or more consumer complaints
       alleging that First Alliance had faxed unsolicited advertisements, the
       Enforcement Bureau ("Bureau") issued a citation to First Alliance,
       pursuant to section 503(b)(5) of the Act. The Bureau cited First
       Alliance for using a telephone facsimile machine, computer, or other
       device, to send unsolicited advertisements for home security products,
       in violation of section 227 of the Act and the Commission's related
       rules and orders. The citation warned First Alliance 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 First Alliance that within 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. First
       Alliance did not request an interview or otherwise respond to the
       citation.

    5. Following the issuance of the citation, the Commission received at
       least three complaints from consumers alleging that First Alliance
       faxed at least three 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
       First Alliance on June 11, 2008 in the amount of $13,500. The NAL
       ordered First Alliance 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. First Alliance 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 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. The maximum penalty for such a violation is $11,000 for a
       violation occurring before September 2, 2008, and $16,000 for a
       violation occurring on or after September 2, 2008. 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 three apparent violations.

    8. First Alliance did not respond to the NAL or pay the proposed
       forfeiture amount. First Alliance 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 $13,500 for First Alliance'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),
       and under authority delegated by sections 0.111 and 0.311 of the
       Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that First Alliance
       Security IS LIABLE FOR A MONETARY FORFEITURE to the United States
       Government in the sum of $13,500 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 as 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). First Alliance 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: First Alliance Security, Attention: Anthony Price, Owner, 10808
       Foothill Boulevard, No. 236, Rancho Cucamonga, CA 91730, and 8139
       Whirlaway St., Rancho Cucamonga, CA 91701.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   47 U.S.C. S: 227.

   See also 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).

   First Alliance Security, Notice of Apparent Liability for Forfeiture, 23
   FCC Rcd 9226 (2008).

   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 also 47 U.S.C. S: 227(a)(2).

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

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-07-TC-063 issued to
   First Alliance on February 12, 2007.

   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 address: Anthony Price,
   Owner, First Alliance Security, 154-A West Foothill Blvd., No. 236,
   Upland, CA 91786-8702.

   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).

   (Continued from previous page)

   (continued....)

                                 Federal Communications Commission DA 09-1712

   2

                                 Federal Communications Commission DA 09-1712