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