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Federal Communications Commission
Washington, D.C. 20554
In the Matter of File No.: EB-08-TC-998
The Street Map Company NAL/Acct. No.: 201132170002
Apparent Liability for Forfeiture FRN: 0020318242
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: November 9, 2010 Released: November 10, 2010
By the Commission:
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that The Street Map Company ("Street Map") apparently willfully and
repeatedly violated section 227 of the Communications Act of 1934, as
amended ("Act"), and the Commission's related rules and orders, by
delivering 11 unsolicited advertisements, or "junk faxes," to the
telephone facsimile machines of 11 consumers. Based on the facts and
circumstances surrounding these apparent violations, we find that
Street Map is apparently liable for a forfeiture in the amount of
2. The Telephone Consumer Protection Act of 1991 ("TCPA") was enacted by
Congress to address problems of abusive telemarketing, in particular
junk faxes. Unsolicited faxes often impose unwanted burdens on the
called party, including costs of paper and ink, and making fax
machines unavailable for legitimate business messages. Section
227(b)(1)(C) of the Act thus 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" unless the sender has
an established business relationship with the recipient.
3. On February 5, 2008, in response to a consumer complaint alleging that
Street Map had faxed an unsolicited advertisement, the Enforcement
Bureau ("Bureau") issued a citation to Street Map, pursuant to section
503(b)(5) of the Act. The Bureau cited Street Map for using a
telephone facsimile machine, computer, or other device, to send
unsolicited advertisements to a telephone facsimile machine, in
violation of section 227 of the Act and the Commission's related rules
and orders. Street Map did not respond to the citation. Despite the
citation's warning that subsequent violations could result in the
imposition of monetary forfeitures, we have continued to receive
additional consumer complaints indicating that Street Map continued to
send junk faxes after issuance of the citation. We base our action
here specifically on complaints filed by 11 consumers establishing
that Street Map sent 11 unsolicited advertisements to telephone
facsimile machines between November 12, 2009 and March 1, 2010.
A. Violations of the Commission's Rules Restricting Unsolicited
4. Each of the consumers listed in the Appendix has provided evidence
that Street Map apparently used a telephone facsimile machine,
computer, or other device to send the consumer one unsolicited
advertisement. The faxes at issue here therefore fall within the
definition of an "unsolicited advertisement." Further, according to
the complaints, the consumers did not have an established business
relationship with Street Map, and did not give Street Map permission
to send the facsimile transmissions. Based on the entire record,
including the consumer complaints, we conclude that Street Map
apparently violated section 227 of the Act and the Commission's
related rules and orders by sending 11 unsolicited advertisements to
11 consumers' facsimile machines.
A. Proposed Forfeiture
5. 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. 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
6. We find that Street Map is apparently liable for a forfeiture in the
amount of $55,000. Although the 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 10 of the apparent violations. In
addition, where the consumer requests that the company stop sending
facsimile messages, and the company continues to send them, the
Commission has previously considered $10,000 per unsolicited fax
advertisement the appropriate forfeiture for such egregious
violations. Here, one consumer received another facsimile from Street
Map after specifically requesting that Street Map cease sending them.
Accordingly, we propose a $10,000 forfeiture for this one apparent
violation. Thus, we propose a total forfeiture of $55,000. Street Map
will have the opportunity to submit evidence and arguments in response
to this NAL to show that no forfeiture should be imposed or that some
lesser amount should be assessed.
7. We have determined that The Street Map Company apparently violated
section 227 of the Act and the Commission's related rules and orders
by using a telephone facsimile machine, computer, or other device to
send at least 11 unsolicited advertisements to the 11 consumers
identified in the Appendix. We have further determined that The Street
Map Company is apparently liable for a forfeiture in the amount of
V. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47
U.S.C. S: 503(b), and section 1.80 of the rules, 47 C.F.R. S: 1.80,
that The Street Map Company is hereby NOTIFIED of this APPARENT
LIABILITY FOR A FORFEITURE in the amount of $55,000 for willful or
repeated violations of 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.
9. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
Commission's rules, within thirty (30) days of the release date of
this Notice of Apparent Liability for Forfeiture, The Street Map
Company SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
10. 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). The Street Map Company 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, SW, 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. The response, if any, must be mailed both to: Marlene H. Dortch,
Secretary, Federal Communications Commission, 445 12th Street, SW,
Washington, D.C. 20554, ATTN: Enforcement Bureau - Telecommunications
Consumers Division; and to Josh Zeldis, Assistant Division Chief,
Telecommunications Consumers Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, SW, Washington, D.C.
20554, and must include the NAL/Acct. No. referenced in the caption.
Documents sent by overnight mail (other than United States Postal
Service Express Mail) must be addressed to: Marlene H. Dortch,
Secretary, Federal Communications Commission, Office of the Secretary,
9300 East Hampton Drive, Capitol Heights, MD 20743. Hand or
messenger-delivered mail should be directed, without envelopes, to
Marlene H. Dortch, Secretary, Federal Communications Commission,
Office of the Secretary, 445 12th Street, SW, Washington, D.C. 20554
(deliveries accepted Monday through Friday 8:00 a.m. to 7:00 p.m.
only). See www.fcc.gov/osec/guidelines.html for further instructions
on FCC filing addresses.
12. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices; or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail Return Receipt
Requested and First Class mail to The Street Map Company, Attention:
Patrick Keane, 24-A Trolley Square, Wilmington, Delaware 19806, and
1800 Lovering Ave., Wilmington, DE 19806-2122.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Complainants and Violation Dates
Complainant received facsimile solicitations Violation Date(s)
J. Lucey, St. Francis de Sales 12/3/2009
C.Abbott, Schultz Insurance Agency 11/17/2009
B. Sack 11/12/2009
R. Graeber 11/14/2009
S. Humphries 11/19/2009
J. Warwick, 87 CES/CEAOR Real Property 1/1/2010
R. Simpson, Lanier Federal CU 2/3/2010
R. Stevens 2/9/2010
D. Fincher, ACE USA 2/12/2010
J. Harms, Classical Academic Press 2/24/2010
Complainant received facsimile solicitations after Violation Date(s)
requesting no more be sent
P. Baker, Hanover Hospital 3/1/2010
According to publicly available information, Street Map is also doing
business as Rockford Map Gallery, LLC, First State Map & Globe Co., Globe
World, and Rockford Map and Globe. Therefore, all references in this NAL
to "Street Map" encompass all of these companies. Street Map has offices
at 24-A Trolley Square, Wilmington, Delaware 19806 and 1800 Lovering Ave.,
Wilmington, DE 19806-2122. Patrick Keane is listed as the contact person
for Street Map. Accordingly, all references in this NAL to "Street Map"
also encompass the foregoing individual and all other principals and
officers of this entity, as well as the corporate entity itself.
See 47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3); see also
Rules and Regulations Implementing the Telephone Consumer Protection Act
of 1991, Report and Order and Third Order on Reconsideration, 21 FCC Rcd
Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat.
2394, codified at 47 U.S.C. S: 227. See also Junk Fax Prevention Act of
2005, Pub. L. No. 109-21, 119 Stat. 359 (2005).
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-08-TC-998, issued to
Street Map on February 5, 2008.
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 Appendix for a listing of the consumer complaints against Street Map
requesting Commission action.
We note that evidence of additional instances of unlawful conduct by
Street Map will result in further enforcement action.
The facsimile transmissions advertise wall maps.
See 47 U.S.C. S: 227(a)(5); 47 C.F.R. S: 64.1200(f)(13) (definition
previously at S: 64.1200(f)(10).
47 U.S.C. S: 503(b)(2)(E); 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).
See Carolina Liquidators, Inc., Notice of Apparent Liability for
Forfeiture, 15 FCC 16,837, 16,842 (2000); 21st Century Fax(es) Ltd., AKA
20th Century Fax(es), Notice of Apparent Liability for Forfeiture, 15 FCC
Rcd 24,406, 24,411 (2000).
See 47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).
47 C.F.R. S: 1.80.
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Federal Communications Commission FCC 10-190
Federal Communications Commission FCC 10-190