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March 13, 2007

**[VIA CERTIFIED MAIL]{.underline}**

**[RETURN RECEIPT REQUESTED]{.underline}**

Intelligent Alternatives

10655 Roselie Street, Suite H

San Diego, California 92121

> RE: File No. EB-07-TC-1193

Dear Correspondent:

This is an official **CITATION**, issued pursuant to section 503(b)(5)
of the Communications Act of 1934, as amended (the Act), 47 U.S.C. §
503(b)(5), for violations of the Act and the Federal Communications
Commission's rules that govern telephone solicitations and unsolicited
advertisements.[^1] As explained below, you may appeal this citation. In
addition, future violations of the Act or Commission's rules in this
regard may subject you and your company to monetary forfeitures.

Attached are consumer complaints regarding autodialed, prerecorded, or
artificial voice messages that your company, acting under your
direction, has delivered to an emergency telephone line, a telephone
line of a guest or patient room at a health care facility, or a
telephone number assigned to a paging service, cellular telephone
service or any service for which the called party is charged for the
call. These complaints indicate that you and your company have violated
section 227(b)(1)(A) of the Act and section 64.1200(a)(1) of the
Commission's rules. *See* 47 U.S.C. § 227(b)(1)(A); 47 C.F.R. §
64.1200(a)(1).

Under Section 227(b)(1)(A) of the Act and section 64.1200(a)(1) of the
Commission's rules, it is unlawful for any person within the United
States, or any person outside the United States if the recipient is
within the United States to initiate calls using an automatic telephone
dialing system[^2] or an artificial or prerecorded voice to (1) any
emergency telephone line, (2) the telephone line of any guest or patient
room at a health care facility, or (3) any telephone number assigned to
a paging service, cellular telephone service or any service for which
the called party is charged for the call.[^3] The provisions provide
exceptions when the call is made (1) for emergency purposes, or (2) with
the prior express consent of the called party.[^4]

[If, after receipt of this citation, you or your company violate the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
\$11,000 for each such violation or each day of a continuing
violation.]{.underline}[^5]

You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement.
You may use this response to appeal this citation. For example, you may
claim that you can document that the calls were made for emergency
purposes or that you had the prior express consent of the called party.
In addition, your response should specify the actions that you are
taking to ensure that you do not violate the Commission's rules
governing prerecorded messages, as described above.

**You may schedule a personal interview at the nearest Commission field
office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call Al
McCloud at 202-418-2499 if you wish to schedule a personal interview.
You should schedule any interview to take place within 30 days of the
date of this letter. You should send any written statement within 30
days of the date of this letter to:**

> Kurt A. Schroeder

Deputy Chief

Telecommunications Consumers Division

Enforcement Bureau

Federal Communications Commission

445-12^th^ Street, S.W.

Rm. 4-C222

Washington, D.C. 20554

**Reference EB-07-TC-1193 when corresponding with the Commission.**

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 <fcc504@fcc.gov> 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).

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, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Communications Act
and the Commission's rules.

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,

> Kris A. Monteith
>
> Chief, Enforcement Bureau

Federal Communications Commission

Enclosures

[^1]: 47 U.S.C. § 227; 47 C.F.R. § 64.1200. A copy of these provisions
    is enclosed for your convenience. Section 227 was added to the
    Communications Act by the Telephone Consumer Protection Act of 1991
    and is most commonly known as the TCPA. The TCPA and the
    Commission's parallel rules restrict a variety of practices that are
    associated with telephone solicitation and use of the telephone
    network to deliver unsolicited advertisements, including prerecorded
    messages to residential telephone lines. We refer in this citation
    to the Commission's rules as they existed at the time of the
    violations in this matter. Revised rules in this area took effect on
    August 1, 2006.

[^2]: The term "automatic telephone dialing system" means "equipment
    which has the capacity to store or produce telephone numbers to be
    called, using a random or sequential number generator, and to dial
    such numbers." 47 U.S.C. § 227(a)(1); 47 C.F.R. § 64.1200(f)(1).

[^3]: 47 U.S.C. § 227(b)(1)(A)(i) - (iii); 47 C.F.R. §
    64.1200(a)(1)(i) - (iii).

[^4]: 47 U.S.C. § 227(b)(1)(A); 47 C.F.R. § 64.1200(a)(1).

[^5]: *See* 47 C.F.R. § 1.80(b)(3).