Subject: [NEXTEL-1] Time-Life Gets Hit With A Do-Not-Call Violation.

From: [email-masked]
Date: Tue, 16 Dec 2003 18:39:42 -0500

Time-Life Gets Hit With A Do-Not-Call Violation.
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December 12, 2003

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE
Mr. Randolph H. Elkins
Senior Vice President
Law and Business Affairs
Time-Life, Inc.
2000 Duke Street
Alexandria, VA 22314
Fax: 703-838-7474

 RE: EB-03-TC-071

Dear Mr. Elkins:

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 Federal
Communications Commission’s rules that govern telephone solicitation.

It has come to our attention that your company, or an entity acting on behalf of
your company, delivered telephone solicitations to residential telephone lines
despite previous do-not-call requests by members of the households.   One
complainant, Mr. Plotts, alleges that your employee called his home within one
minute after he requested that the employee place his number on a do-not-call
list.   Section 64.1200(e) of the Commission’s rules requires entities that make
telephone solicitations to residential telephone subscribers to follow certain
procedures to ensure that the subscribers are able to stop such solicitation
calls.  Specifically, entities that engage in telephone solicitation must (1)
develop written policies for maintaining a do-not-call list and make such
written policies available upon demand; (2) inform and train their personnel
engaged in any aspect of telephone solicitation about the existence and use of
the do-not-call list; (3) place consumers who request not to receive telephone
solicitations on the do-not-call list; and (4) honor each do-not-call request
for ten years from the time the request is made.   In addition, the Commission
has found that it is unlawful to call a residential telephone line to deliver a
telephone solicitation if any member of the household has made a do-not-call
request.

  Under the Act and the Commission’s rules, a telephone solicitation is “the
initiation of a telephone call or message for the purpose of encouraging the
purchase or rental of, or investment in, property, goods, or services, which is
transmitted to any person.”  Calls that are made either by tax-exempt nonprofit
organizations or to any person who has provided prior express invitation or
permission to call or has an established business relationship with the caller
are not considered telephone solicitations.

The attached information provided to the Commission indicates that your company
failed to honor do-not-call requests that were made by or on behalf of
residential telephone subscribers.  That action violated section
64.1200(e)(2)(vi) of the Commission’s rules.

Subsequent violations of the Commission’s rules and orders of the type described
herein may result in the imposition of monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation.

Pursuant to section 503(b)(5) of the Communications Act, you may request a
personal interview at the Commission office nearest to your place of business.
The nearest office appears to be the FCC headquarters location at 445 - 12th
St., S.W., Washington, D.C. 20554.  You can contact the FCC headquarters
location by telephone at 202-418-7320.  You must schedule the interview to take
place within 30 days of the date of this citation.  You should be prepared to
discuss when your company recorded the do-not-call request(s) referenced in the
attached consumer correspondence and why your company failed to honor such
request(s).  You also will be expected to discuss your procedures for training
your company’s telephone solicitors as to do-not-call responsibilities, and to
specify what steps your company has taken to ensure future compliance with the
Commission’s do-not-call rules.  Finally, you must supply a copy of your
company’s written do-not-call policy as required by section 64.1200(e)(2)(i) of
the Commission’s rules.  Alternatively, you may submit a written statement
addressing the specified topics, and attaching your company’s written
do-not-call policy, to the following address within 30 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

You should reference EB-03-TC-071 when corresponding with the Commission.

 If you request a meeting, reasonable accommodations for people with
disabilities are available upon request.  Include a description of the
accommodation you will need including as much detail as you can.  Also include a
way we can contact you if we need more information.  Please allow at least 5
days advance notice; last minute requests will be accepted, but may be
impossible to fill.  Send an e-mail to [email-masked] or call the Consumer &
Governmental Affairs Bureau:
      For sign language interpreters, CART, and other reasonable accommodations:

202-418-0530 (voice), 202-418-0432 (tty)

      For accessible format materials (braille, large print, electronic files,
and audio
format): 202-418-0531 (voice), 202-418-7365 (tty)

As required by the Privacy Act of 1974, 5 U.S.C. § 552(a)(e)(3), you are hereby
notified that the Commission’s staff will use all relevant material information
to determine what, if any, enforcement action is required to ensure your
compliance with the Commission’s rules.  This will include any information that
you disclose in your interview or written statement.

Finally, you should 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

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