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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

APRIL
                                                            APRIL 
12, 2000 



Richard Rice, President   
Patriot Diamond, Inc.
3471 N. Federal Highway
Suite 300
Fort Lauderdale, Florida  33306
       
                RE:  EB-00-TC-003  

Dear Mr. Rice:

     This is an official CITATION, issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the 
Act), for violations of the Telephone Consumer Protection Act of 
19911 (TCPA) and the Federal Communications Commission's Rules 
that implement that Act.2

     It has come to our attention that your company recently sent 
unsolicited advertisements to a telephone facsimile machine (see 
attachments).  Pursuant to the TCPA and the Commission's Rules, 
it is unlawful to use a ``telephone facsimile machine, computer, 
or other device to send an unsolicited advertisement to a 
telephone facsimile machine.''3  The term ``unsolicited 
advertisement'' is defined in the TCPA and the Commission's rules 
as ``any material advertising the commercial availability or 
quality of any property, goods, or services which is transmitted 
to any person without that person's prior express invitation or 
permission.''4  The Commission has specified that an established 
business relationship between a fax sender and recipient 
constitutes prior express invitation or permission to send a 
facsimile advertisement.5  Mere distribution or publication of a 
fax number, however, does not establish consent to receive 
advertisements by fax.6 

     In addition to the violation identified above, it appears 
that your company also has violated the provisions of the TCPA 
and the Commission's Rules which require any person or entity who 
sends a message via a telephone facsimile machine to clearly mark 
``in a margin at the top or bottom of each transmitted page of 
the message or on the first page of the transmission, the date 
and time it is sent and an identification of the business, other 
entity, or individual sending the message and the telephone 
number of the sending machine or of such business, other entity, 
or individual.''7

     Please be advised that subsequent violations of the 
Communications Act or of the Commission's Rules may result in the 
imposition of monetary forfeitures not to exceed $11,000 for each 
such violation or each day of a continuing violation.8 

     Pursuant to Section 503(b)(5) of the Communications Act, you 
may request a personal interview at the Commission's Field Office 
nearest to your place of business.  The nearest office appears to 
be the Miami Field Office at 2210 NW 82nd Avenue, Miami, Florida  
33122.  You can contact the Miami office by telephone at (305) 
994-1642.  You must request an interview within 21 days of the 
date of this citation.  Alternatively, you may submit a written 
statement to the following address within 21 days of the date of 
this citation:

               Kurt A. Schroeder
                         Deputy Chief
                      Telecommunications Consumers Division
               Enforcement Bureau
               Federal Communications Commission
               445 - 12th Street, S.W.
               Washington, D.C.  20554 

If you choose to submit a written statement, your written 
statement should specify what actions have been taken to correct 
the violation outlined above.  Please reference EB-00-TC-003 when 
corresponding with the Commission.

     Under the Privacy Act of 1974, 5 U.S.C.  552(a)(e)(3), we 
are informing you that the Commission's staff will use all 
relevant material information before it to determine what, if 
any, enforcement action is required to ensure your compliance 
with the TCPA and the Commission's rules.  This will include any 
information that you disclose in your interview or written 
statement.  Please be advised that if you choose not to respond 
to this citation and a Notice of Forfeiture is issued, your 
unresponsiveness will be considered in our assessment of a 
forfeiture amount.

     You should also be aware that the knowing and willful making 
of any false statement, or the concealment of any material fact, 
in reply to this citation is punishable by fine or imprisonment 
under 18 U.S.C.  1001.

     Thank you in advance for your anticipated cooperation.

                              Sincerely, 



                              Kurt A. Schroeder
                              Deputy Chief
                              Telecommunications Consumers 
                         Division
                              Enforcement Bureau
                              Federal Communications Commission

Enclosures

     

_________________________

1    Pub.L. No. 102-243, 105 Stat. 2394-2402 (1991) (codified at 
47 U.S.C.  227)  
2
     47 C.F.R.  64.1200.
 
3    47 U.S.C.  227(b)(1)(C); 47 C.F.R.  64.1200(a)(3).  Both 
the TCPA and the Commission's rules define ``telephone facsimile 
machine'' as ``equipment which has the capacity to transcribe 
text or images, or both, from paper into an electronic signal and 
to transmit that signal over a regular telephone line, or to 
transcribe text or images (or both) from an electronic signal 
received over a regular telephone line onto paper.'' 47 U.S.C.  
227(a)(2); 47 C.F.R.  64.1200(f)(2).  The Commission has stated 
that ``[f]ax modem boards are the functional equivalent of stand-
alone facsimile machines.'' Rules and Regulations Implementing 
the Telephone Consumer Protection Act of 1991, Memorandum Opinion 
and Order, 10 FCC Rcd 12391, 12405 (1995) (TCPA Memorandum 
Opinion and Order).   

4    47 U.S.C.  227(a)(4); 47 C.F.R.  64.1200(f)(5).
 
5    TCPA Memorandum Opinion and Order, 10 FCC Rcd at 12408.
6
     Id. 

7    47 U.S.C.  227(d)(1)(B); 47 C.F.R.  68.318(d).
 
8    See 47 C.F.R.  1.80(b)(3).