***Kirk & Newman***

***A Limited Liability Company***

**[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}**

1500 Market
Street                                                               
                             phone: (877) 579-8206

12^th^ Floor, East Tower          
                                                                                                          
fax:      (215) 525-1417

Philadelphia, PA 19102-2197

August 31, 2005

Office of the Secretary

ATT: OCBO

Federal Communications Commission

445 12^th^ Street, S.W.

Washington, DC 20554

**RE:  Request for comment regarding possible revision or elimination of
rules under the Regulatory Flexibility Act DA-05-1524**

My name is Raymond G, Fragassi and I am the President of Kirk & Newman
located in Pennsylvania.  I am the owner of a small business that has
been substantially harmed as a result of the Federal Communications
Commission's regulatory decision under the Telephone Consumer Protection
Act ("TCPA") that small businesses, such as mine, cannot use predictive
dialers to call wireless numbers when attempting to recover delinquent
payments for goods or services received by consumers.

I am aware that ACA International ("ACA") has filed a written comment
with the Commission regarding this issue in response to the
Commission\'s request for comments on the possible revision or
elimination of rules under the Regulatory Flexibility Act, 5 U.S.C. §
610 ("RFA"), in proceeding DA-05-1524.  See FCC Seeks Comment Regarding
Possible Revision or Elimination of Rules Under the Regulatory
Flexibility Act, DA-05-1524 (May 31, 2005).  I fully support ACA's
comment and the relief the Association seeks, including ACA's
characterization of the harm visited upon small businesses as a result
of the Commission\'s rule.

To the extent that my company uses predictive dialers, we do so to
complete transactions for which consumers have obtained a benefit
without payment.  We do not telemarket.  The Commission should not
permit its regulations to be used as a shield to encourage the
non-payment of debts.  Doing so harms small businesses, the economy, as
well as consumers.

As it stands today, my company faces serious financial hardship due to
the Commission's regulatory reversal that creditors and debt collectors
cannot use predictive dialers to call a wireless number to attempt to
recover outstanding payment obligations.  The Commission's rule requires
small companies, at great cost, to fundamentally alter our business
models to reduce or remove our reliance on predictive dialers.  It also
needlessly subjects us to federal enforcement and private litigation
risk, even though Congress never intended such an outcome.

For these reasons, I encourage the Commission to promptly clarify that
auto dialer calls to wireless numbers to attempt to recover payment
obligations are not covered by the TCPA regulations for the reasons
expressed by ACA.

Sincerely,

Raymond G. Fragassi

President

Kirk & Newman

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