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                                   Before the

                       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             
                                                                 
                                 )                               
                                                                 
                                 )                               


                                FORFEITURE ORDER

   Adopted: September 16, 2010 Released: September 28, 2010

   By the Commission:

   I. INTRODUCTION

   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
   consumers.

   II. BACKGROUND

   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.

   III. DISCUSSION

   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

   Secretary

   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).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 10-167

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   Federal Communications Commission FCC 10-167