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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
September 11, 2000
Jan Paape Jan Paape
President President
Thomas Lloyd Thomas Lloyd
Lloyd Financial Consulting Lloyd Financial
Consulting
a.k.a. Jan W. Paape Enterprises, Inc. a.k.a. Jan W. Paape
Enterprises, Inc.
11111 Katy Freeway, Suite 910 4265 San Felipe Street, #1100
Houston, Texas 77079 Houston, Texas 77027
Jan W. Paape
730 Post Oak Road
Suite 400
Houston, Texas 72024
RE: EB-00-TC-130
Dear Mr. Paape:
This is an official CITATION issued pursuant to section
503(b)(5) of the Communications Act of 1934, as amended (the
Communications Act).
It has come to our attention that your company recently sent
an unsolicited advertisement to a telephone facsimile machine
(see attachment). Pursuant to the Telephone Consumer Protection
Act of 1991 (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.'' 47 U.S.C. § 227(b)(1)(C); 47 C.F.R. § 64.1200(a)(3).
In addition to the violation identified above, it appears
that your company has also violated the provisions of the TCPA
and the Commission's rules that 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.'' 47 U.S.C. § 227(d)(1)(B); 47 C.F.R. §
68.318(d).
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. See 47
C.F.R. § 1.80(b)(3).
The phrase ``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.'' 47 U.S.C. § 227(a)(4);
47 C.F.R. § 64.1200(f)(5). 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).
Addressing the TCPA's definition of ``telephone facsimile
machine,'' the Commission 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, 10 FCC Rcd 12391, 12405, para. 29 (1995).
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 Dallas Office at 9330 LBJ Freeway, Room 1170, Dallas,
Texas 75243-3429, which you can contact by telephone at (972)
907-0053. 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-130 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