**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

+-----------------------------------+-----------------------------------+
| In the Matter of )                | File Number ENF-99-TC-001         |
|                                   |                                   |
| )                                 | #### NAL/Acct. No. X3217-001      |
|                                   |                                   |
| Get-Aways, Inc. ) )               |                                   |
|                                   |                                   |
| Camarillo, California )           |                                   |
+-----------------------------------+-----------------------------------+
|                                   |                                   |
+-----------------------------------+-----------------------------------+

## FORFEITURE ORDER 

Adopted: February 25, 2000 Released: March 2, 2000

By the Commission:

1.  In this Forfeiture Order ("Order"), we issue a monetary forfeiture
    in the amount of eighty-five thousand five hundred dollars
    (\$85,500) against Get-Aways, Inc. of Camarillo, California for
    willful and repeated violations of Section 227(b)(1)(C) of the
    Communications Act of 1934, as amended ("Act"),[^1] and Section
    64.1200(a)(3) of the Commission's Rules.[^2] The noted violations
    involve sending unsolicited advertisements to telephone facsimile
    machines.

2.  The staff issued a citation to Get-Aways regarding these unsolicited
    advertisements on July 12, 1999. Thereafter, Get-Aways continued to
    send such faxes. On December 15, 1999, the Commission issued a
    Notice of Apparent Liability for Forfeiture ("NAL") against
    Get-Aways in the amount of eighty-five thousand five hundred dollars
    (\$85,500), which represented a proposed forfeiture of \$4500 for
    each of 19 faxes sent in violation of the Act.[^3] Although
    Commission rules provide that an NAL must either be responded to, or
    the full amount of the proposed forfeiture paid, within 30 days of
    issuance of the NAL,[^4] Get-Aways has neither filed a response nor
    paid the proposed forfeiture amount. Therefore, based on the
    information before us, we affirm this forfeiture in the full amount
    proposed in the NAL.

Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Act[^5] and Section 1.80(f)(4) of the Commission\'s Rules,[^6] that
Get-Aways, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of
\$85,500 for violating provisions of the Communications Act and the
Commission\'s Rules that prohibit the transmission of unsolicited
advertisements to telephone facsimile machines. *See* 47 U.S.C. §
227(b)(1)(C); 47 C.F.R. § 64.1200(a)(3).

3.  Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Commission's Rules[^7] within 30 days of the
    release of this Order. If the forfeiture is not paid within the
    period specified, the case may be referred to the Department of
    Justice for collection pursuant to section 504(a) of the Act.[^8]
    Payment may be made by credit card through the Commission\'s Credit
    and Debt Management Center at (202) 418-1995 or by mailing a check
    or similar instrument, payable to the order of the Federal
    Communications Commission, to the Federal Communications Commission,
    P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should
    note the NAL/Acct. No. referenced above. Requests for full payment
    under an installment plan should be sent to: Chief, Credit and Debt
    Management Center, FCC, 445 12th Street, S.W., Washington, D.C.
    20554.[^9]

4.  IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
    sent by Certified Mail Return Receipt Requested to Timothy F.
    Deinhard, President, Get-Aways, Inc., 155 Granada Street, Suite T,
    Camarillo, California 93010.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

#####  Secretary

[^1]: 47 U.S.C. § 227(b)(1)(C).

[^2]: 47 C.F.R. § 64.1200(a)(3).

[^3]: *Get-Aways, Inc.*, Notice of Apparent Liability for Forfeiture,
    FCC 99-391 (released Dec. 15, 1999).

[^4]: 47 C.F.R. § 1.80.

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. § 1.80(f)(4).

[^7]: *Id*.

[^8]: 47 U.S.C. § 504(a).

[^9]: *See* 47 C.F.R. § 1.1914.