![](media/image1.png){width="1.2902777777777779in"
height="1.1791666666666667in"}

February 25, 2003

National Cleaning Service Nery Albanez [^1]

d.b.a. Albanez, Inc. 4565 Clagett Drive

d.b.a. Albabez, Inc. Rockville, Maryland 20851-1702

d.b.a. Jani-King

d.b.a. Jani-King of Washington, D.C.

d.b.a. Jani-King of Washington, D.C., Inc.

1232 Clagett Drive

Rockville, Maryland 20851-2116

Attn: Nery Albanez, President

RE: EB-03-TC-015

Dear Correspondents:

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 Act and the Federal Communications Commission's rules that govern
telephone solicitation.[^2]

It has come to our attention that your company has delivered one or more
prerecorded unsolicited advertisements to residential telephone lines
(see attachment). The Act and the Commission's rules prohibit
transmission of unsolicited advertisements through prerecorded messages
to residential telephone lines except under the very limited
circumstances described in

the rules.[^3] The term "unsolicited advertisement" is defined in the
Communications Act 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."[^4] The attached
information provided to the Commission indicates that your company
delivered such unsolicited advertisements, through prerecorded messages,
to one or more residential telephone subscribers who do not have an
established business relationship with your company and had not
expressly invited or authorized the call(s). Those actions violate
section 64.1200(a)(2) of the Commission's rules.

Separately, it appears that your company may have violated other
Commission rules governing prerecorded messages and telephone
solicitation. Under section 64.1200(e)(2)(iv), any telephone
solicitation -- whether live or prerecorded -- must provide the called
party with the name of the individual caller, the name of the person or
entity on whose behalf the call is being made, and an address or
telephone number (which may not be for an autodialer or prerecorded
message player) at which the person or entity may be contacted.[^5]
According to the attached information received by the Commission, it
appears that your telephone solicitation did not contain all the
required information.

**[Please be advised that subsequent violations of the Communications
Act or of the Commission's rules 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.]{.underline}** [^6]

Pursuant to section 503(b)(5) of the Communications Act, you may request
a personal interview at the Commission's Headquarters or a Field Office
near your place of business. The nearest office appears to be either the
FCC headquarters location at 445 - 12^th^ Street, S.W., Washington, D.C.
20554 or the Columbia Office at 9200 Farm House Lane, Columbia, Maryland
21046. You can contact the FCC headquarters location or the Columbia
Office by telephone at (202) 418-7320 or (301) 725-1996, respectively.
You must schedule this interview to take place 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

445-12^th^ 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(s)
outlined above. You should also include 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. Please reference EB-03-TC-015 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 Act 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 forfeiture is issued, your
unresponsiveness will be considered in our assessment of a forfeiture
amount]{.underline}.

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

[^1]: The Telecommunications Consumers Division has obtained information
    that Nery Albanez is also known as Nery Alvanez, Nery D. Alvanez,
    Nery O. Alvanez and Nery Alborris.

[^2]: 47 U.S.C § 227; 47 C.F.R. § 64.1200.

[^3]: The Commission's rules make it unlawful to "initiate any telephone
    call using an artificial or prerecorded voice to deliver a message
    without the prior express consent of the called party unless the
    call is initiated for emergency purposes or ... is not made for a
    commercial purpose, is made for a commercial purpose but does not
    include the transmission of any unsolicited advertisement, \[is
    made\] to any person with whom the caller has an established
    business relationship at the time the call is made, or \[is made by
    or on behalf of\] a tax-exempt nonprofit organization. 47 C.F.R. §
    64.1200(a)(2), (c); *see also* 47 U.S.C. § 227(b)(1)(B) (prohibiting
    all prerecorded calls to residential lines "unless the call is
    initiated for emergency purposes or is exempted by rule or order by
    the Commission....").

[^4]: 47 U.S.C. 227(a)(4); 47 C.F.R. 64.1200(f)(5).

[^5]: 47 C.F.R. § 64.1200(e)(2)(iv). In addition, the Act and the
    Commission's rules impose separate identification requirements for
    prerecorded messages. Under section 227(d)(3)(A) of the Act, all
    prerecorded messages "shall, *at the beginning* of the message,
    state clearly the identity of the business, individual, or other
    entity initiating the call, and ... shall, during or after the
    message, state clearly the telephone number or address of such
    business, other entity, or individual." 47 U.S.C. § 227(d)(3)(A)
    (emphasis added); *see also* 47 C.F.R. § 64.1200(d)(e)(2)(iv)
    (imposing identification requirements for prerecorded messages
    delivered by automatic telephone dialing systems).

[^6]: *See* 47 C.F.R. § 1.80(b)(3).