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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
                        )                               
                            File No. EB-06-TC-265       
                        )                               
     In the Matter of       File No. EB-07-TC-777       
                        )                               
     Venali, Inc.           NAL/Acct. No. 200732170077  
                        )                               
                            FRN: 0016966624             
                        )                               
                                                        
                        )                               
                                                        
                        )                               


                                     ORDER

   Adopted: August 4, 2009 Released: August 6, 2009

   By the Chief, Enforcement Bureau:

   I. introduction

    1. In this Order, we cancel a proposed forfeiture issued by the
       Enforcement Bureau ("Bureau") to Venali, Inc. ("Venali") for apparent
       willful and repeated violation of Section 227 of the Communications
       Act of 1934, as amended ("Act"), and the Commission's related rules
       and orders. The proposed forfeiture was contained in a Notice of
       Apparent Liability for Forfeiture ("NAL") issued on September 28, 2007
       in the amount of $18,000 to Venali for apparently delivering at least
       four unsolicited advertisements to the telephone facsimile machines of
       at least three customers. Venali filed a response to the NAL on
       October 26, 2007. Based on our review of the record, we find that
       Venali did not willfully and repeatedly violate a Commission order or
       rule. Consequently, we conclude that no forfeiture should be imposed.

   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."

    3. On September 9, 2006 and March 9, 2007, in response to one or more
       consumer complaints alleging that Venali had apparently faxed
       unsolicited advertisements, the Bureau issued two citations to Venali,
       pursuant to section 503(b)(5) of the Act. The Bureau cited Venali for
       apparently using a telephone facsimile machine, computer, or other
       device, to send unsolicited advertisements for mortgage financing and
       refinancing, as well as debt consolidation, to a telephone facsimile
       machine, in violation of section 227 of the Act and the Commission's
       related rules and orders. The citations warned Venali 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 citations
       informed Venali 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. Venali did not
       request an interview but did respond in writing to the citations. In
       its Responses to the citations, Venali indicated that the faxes at
       issue were not transmitted by Venali or customers utilizing Venali
       services. On September 28, 2007, in response to three additional
       consumer complaints concerning unsolicited facsimile advertisements,
       the Bureau issued the NAL to Venali in the amount of $18,000. In its
       Oct. 2007 Response to the NAL, Venali again claimed that the faxes
       that form the basis for the NAL were not delivered by Venali.

    4. Upon review of the record, including Venali's Oct. 2006 Response, Apr.
       2007 Response, and Oct. 2007 Response, we conclude that Venali has
       presented a reasonable showing that neither Venali nor customers using
       Venali services in fact transmitted the faxes involved in the
       complaints or NAL. We therefore conclude that the NAL issued to Venali
       should be cancelled.

   III. ordering clauses

    5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f) (4) of the Commission's Rules, that the proposed
       forfeiture in the amount of $18,000 issued to Venali, Inc. in the
       September 28, 2007 Notice of Apparent Liability for Forfeiture IS
       CANCELLED.

    6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Venali,
       Inc., at its address of record, One Alhambra Plaza, Ste 800, Coral
       Gables, FL 33134 and to its attorney, Douglas L. O'Keefe, Esq., Carey
       Rodriguez Greenberg Paul, 1395 Brickell Avenue, Suite 700, Miami, FL
       33131.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   Venali, Inc., Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
   200732170062, 22 FCC Rcd 13131 (Enf. Bur. 2007).

   Letter from Douglas L. O'Keefe, counsel to Venali, Inc. to Office of the
   Secretary, FCC and Colleen Heitkamp, Chief, Telecommunications Consumers
   Division, Enforcement Bureau, File No. EB-06-TC-265, dated October 26,
   2007 (Oct. 2007 Response). Venali also requested confidential treatment
   for its Oct. 2006 and Apr. 2007 Responses to two Bureau citations and its
   Oct. 2007 Response to the NAL (see, n. 7, infra), pursuant to 5 U.S.C. S:
   552 and 47 C.F.R. S: 0.459. This Order discusses only the nature of
   Venali's defense to the NAL, and does not make public any specific facts
   or information in Venali's Responses. We need not rule on Venali's
   requests at this time and, until we do, we will honor Venali's requests
   for confidential treatment. See 47 C.F.R. S: 0.459(d)(1). See also, In the
   Matter of Examination of Current Policy Concerning the Treatment of
   Confidential Information Submitted to the Commission, GC Docket No. 96-55,
   13 FCC Rcd 24816, 24853 P: 64 (1998).

   47 U.S.C. S: 227(b)(1)(C); see also 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).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-06-TC-265, issued to
   Venali, Inc. on September 9, 2006; Citation from Kurt A. Schroeder, Deputy
   Chief, Telecommunications Consumers Division, Enforcement Bureau, File No.
   EB-06-TC-777, issued to Venali, Inc. on March 9, 2007.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to non-common carriers for violations of the Act or of the Commission's
   rules and orders).

   Response from Mark Toschek, CEO, Venali, Inc. dated October 18, 2006 (Oct.
   2006 Response); Response from John Poncy, CEO, Venali, Inc. dated April 6,
   2007 (Apr. 2007 Response) .

   Oct. 2007 Response.

   Oct. 2006 Response at 1-2.

   Apr. 2007 Response at 1-2.

   Oct. 2007 Response at 1-2 and Exhibits A and B.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 09-1751

                                       2

   Federal Communications Commission DA 09-1751