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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

                              August 31, 2000



Steven Burks
President
Cullum & Burks, Inc.
a.k.a. Cullum Securities
a.k.a. DataFax Solutions
Suite 870
12001 N. Central Expressway
Dallas, Texas  75243

          RE:  EB-00-TC-168

Dear Mr. Burks:

     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 also has 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-168 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