Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



   June 15, 2011

   VIA CERTIFIED MAIL AND REGULAR MAIL

   RETURN RECEIPT REQUESTED

   Resp-Org.com

   Attn: Bill Quimby

   2517 Rt 44, 11-222

   Washington Hollow Plaza

   Salt Point, NY 12578

   Resp-Org.com

   c/o Technology Law Group, LLC

   Neil S. Ende, Counsel for Resp-Org.com

   Susan E. Coleman, Counsel for Resp-Org.com

   5335 Wisconsin Avenue, N.W, Suite 440

   Washington, DC 20015

   RE: File No. EB-10-TC-480

   Dear Mr. Quimby:

   On March 9, 2011, the Telecommunications Consumers Division ("TCD") of the
   Enforcement Bureau ("Bureau") cited Resp-Org.com for violations of the
   Communications Act of 1934, as amended ("Communications Act" or "Act") and
   the Federal Communications Commission's ("Commission's") rules for failure
   to fully respond to a Bureau letter of inquiry ("LOI"), including
   submission of a supporting affidavit as required by the LOI.  The citation
   directed Resp-Org.com to comply with the LOI and warned that failure to
   comply could result in forfeiture penalties.  Resp-Org.com subsequently
   responded to the LOI to the satisfaction of TCD, including supporting its
   responses with a sworn affidavit.

   Accordingly, we decline to propose any penalties for Resp-Org.com's
   failure to initially comply with the terms of the LOI. Further, we grant
   Resp-Org.com's request and withdraw the citation issued for failure to
   respond to the Bureau's inquiry. Our action today is without prejudice to
   any enforcement action we may take in the future against Resp-Org.com for
   failure to comply with the Communications Act, our rules or any order of
   the Commission. We remind Resp-Org.com - and all others to whom we direct
   LOIs - that the Act gives the Commission broad statutory authority to
   investigate "any question [that] may arise under any of the provisions of
   [the Act], or relating to the enforcement of any of the provisions of [the
   Act]." The Act explicitly grants the Commission the "power to make and
   enforce any order or orders . . . relating to the matter or thing
   concerning which the inquiry is had. . . ." Our investigatory authority
   therefore clearly and unambiguously encompasses the right to compel the
   production of information and documents related to questions of compliance
   with the Act, and includes the right to require respondents to support
   their answers with affidavits. Failure to respond to an LOI, fully and
   completely, in a timely manner, and with a supporting sworn affidavit, is
   a violation of a Commission order and could result in forfeiture. The
   failure to respond hampers the Commission's ability to investigate and
   resolve potential violations of law, and cannot and will not be tolerated.

   Please contact Richard A. Hindman at (202) 418-7320 if you have any
   questions about this matter.

   Sincerely,

   Richard A. Hindman

   Division Chief

   Telecommunications Consumers Division

   Enforcement Bureau

   Federal Communications Commission

   See Resp-Org.com, Citation, 26 FCC Rcd 3739 (Enf. Bur. 2011).

   47 U.S.C. S: 403. See also 47 U.S.C. S:S: 154(i) (authorizing the
   Commission to "issue such orders, not inconsistent with [this Act], as may
   be necessary in the execution of its functions"), and 154(j) (authorizing
   the Commission to "conduct its proceedings in such manner as will best
   conduce to the proper dispatch of business and to the ends of justice").

   47 U.S.C. S: 403.

   See SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7599-7600
   P:P: 23-28 (2002) (ordering $100,000 forfeiture for violating an
   Enforcement Bureau order to submit a sworn written response to a Bureau
   LOI); Midcontinent Communications, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 24 FCC Rcd 976, 977 P:P:3-5 (Enf. Bur. 2009),
   modified on other grounds, 24 FCC Rcd 1549 (Enf. Bur. 2009) (finding
   failure to fully respond to an Enforcement Bureau LOI "constitute[d] an
   apparent willful violation of a Commission order. . . ." (footnote
   omitted)); Digital Antenna, Inc. Sunrise, Florida, Notice of Apparent
   Liability for Forfeiture and Order, 23 FCC Rcd 7600, 7601-7603 P:P: 3-7
   (Enf. Bur. 2008) (finding apparent liability for forfeiture for failure to
   provide complete responses to LOI and not supporting responses with a
   sworn statement or affidavit); BigZoo.Com Corporation, Notice of Apparent
   Liability for Forfeiture and Order, 19 FCC Rcd 24437, 24439-24442 P:P:
   10-14 (Enf. Bur. 2004), Order of Forfeiture, 20 FCC Rcd 3954 (Enf. Bur.
   2005) (assessing a monetary forfeiture for "failure to respond to a
   directive of the Enforcement Bureau [ ] to provide certain information and
   documents" in response to a LOI); World Communications Satellite Systems,
   Inc., Notice of Apparent Liability for Forfeiture, 18 FCC Rcd 18545,
   18546-18549 P:P: 4-10 (Enf. Bur. 2003), Order of Forfeiture, 19 FCC Rcd
   2718 (Enf. Bur. 2004) (ordering a forfeiture for "violating a Commission
   order by failing to respond to a directive of the Enforcement Bureau [ ]
   to provide certain information and documents" in response to a Bureau
   LOI).

   Resp-Org.com and others receiving LOIs are reminded that they must respond
   to our LOIs "even if they believe them to be outside the Commission's
   authority." SBC Communications, Inc., 17 FCC Rcd at 7591 P: 5.  See also
   47 U.S.C. S: 416(c) ("It shall be the duty of every person, its agent and
   employees . . . to observe and comply with [Commission] orders so long as
   the same shall remain in effect"); 47 U.S.C. S:408 (Commission orders
   "shall continue in force for the period of time specified in the order or
   until the Commission or a court of competent jurisdiction issues a
   superseding order."); Midcontinent Communications, Inc., 24 FCC Rcd at 978
   P: 7 ("[t]he Commission has broad investigatory authority, and
   Midcontinant is obligated to respond to our inquiries, even if it believes
   them to be outside the Commission's authority."); World Communications
   Satellite Systems, Inc., 18 FCC Rcd at 18546-18547 P:P: 5 ("parties are
   required to comply with Bureau orders even if they believe them to be
   outside the Commission's authority").

   Federal Communications Commission DA 11-1060

   2

   3

   Federal Communications Commission DA 11-1060

                       FEDERAL COMMUNICATIONS COMMISSION

                            WASHINGTON, D.C.  20554