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                                   Before the

                       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:

   I. INTRODUCTION

    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
       $55,000.

   II. BACKGROUND

    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.

   III. DISCUSSION

          A. Violations of the Commission's Rules Restricting Unsolicited
             Facsimile Advertisements

    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
       may require."

    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.

   IV. CONCLUSION

    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
       $55,000.

   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
       proposed forfeiture.

   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
       documentation submitted.

   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

   Secretary

                                    APPENDIX

                        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
   3787 (2006).

   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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission FCC 10-190

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   Federal Communications Commission FCC 10-190