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Federal Communications Commission
Washington, D.C. 20554
) File No. EB-07-TC-2540
In the Matter of
) NAL/Acct. No. 200832170068
Tropical Travel Marketing
) FRN: 0017919812
Adopted: September 16, 2010 Released: September 28, 2010
By the Commission:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of $144,000 against Tropical Travel Marketing ("Tropical
Travel") for willful and 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 32 unsolicited
advertisements to the telephone facsimile machines of at least 27
2. The facts and circumstances surrounding this case are set forth in the
Commission's two Notices 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." On June 29, 2007, in response to
one or more consumer complaints alleging that Tropical Travel had faxed
unsolicited advertisements, the Enforcement Bureau ("Bureau") issued a
citation to Tropical Travel, pursuant to section 503(b)(5) of the Act, for
using a telephone facsimile machine, computer, or other device, to send
unsolicited advertisements for vacation travel packages, in violation of
section 227 of the Act and the Commission's related rules and orders. The
citation informed Tropical Travel that within 30 days of the date of the
citation, it could either request an interview with Commission staff, or
provide a written statement responding to the citation. Tropical Travel
did not request an interview or otherwise respond to the citation.
4. Following the issuance of the citation, the Commission received at
least 27 complaints from consumers alleging that Tropical Travel faxed at
least 32 unsolicited advertisements to them. These violations, which
occurred after the Bureau's citation, resulted in the issuance of two
Notices of Apparent Liability for Forfeiture against Tropical Travel: on
July 3, 2008 in the amount of $49,500, and on October 7, 2008 in the
amount of $94,500. The NALs ordered Tropical Travel either to pay the
proposed forfeiture amounts within thirty (30) days or submit evidence or
arguments in response to the NALs to show that no forfeitures should be
imposed or that some lesser amounts should be assessed. Tropical Travel
did not respond to the NALs or pay the proposed forfeiture amounts.
5. Tropical Travel did not respond to the NALs, and has accordingly failed
to identify facts or circumstances to persuade us that there is a basis
for modifying the proposed forfeitures. We are therefore not aware of any
mitigating circumstances to warrant a reduction of the forfeiture
penalties. For these reasons, and based on the information before us, we
hereby impose a total forfeiture of $144,000 for Tropical Travel's willful
or repeated violation of section 227 of the Act and the Commission's
related rules and orders, for the reasons set forth in the NALs.
IV. ORDERING CLAUSES
6. 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 Tropical Travel Marketing IS LIABLE FOR A MONETARY
FORFEITURE to the United States Government in the sum of $144,000 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 related orders.
7. 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). Tropical Travel
will also send electronic notification to Johnny.Drake@fcc.gov on the date
said payment is made. 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.
8. 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:
Tropical Travel Marketing, Attention: Louis Quiles, CEO, 1450 Eden Drive,
Deltona, FL 32725-3766.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
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).
Tropical Travel Marketing, Notice of Apparent Liability for Forfeiture, 23
FCC Rcd 10749 (2008); Tropical Travel Marketing, Notice of Apparent
Liability for Forfeiture, 23 FCC Rcd 15027 (2008).
47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).
Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
Consumers Division, Enforcement Bureau, File No. EB-07-TC-2540, issued to
Tropical Travel on June 29, 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).
See n.3 supra; see also 47 U.S.C. S: 503(b)(1).
47 U.S.C. S: 504(a).
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Federal Communications Commission FCC 10-167
Federal Communications Commission FCC 10-167