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January 14, 2003

Michigan Soft Water of Central Michigan, Inc.

d/b/a/ Michigan Soft Water of Western Michigan

d/b/a Wolverine Water Treatment Systems

d/b/a Wolverine Water Company

d/b/a Royal Water Treatment Systems

2075 M-78

East Lansing, Michigan 48823

Attention: Paul Mahaney, Owner, President

Ralph Bachwich, Owner

Sharon Bachwich, Secretary-Treasurer

Michigan Soft Water of Central Michigan, Inc.

d/b/a/ Michigan Soft Water of Western Michigan

d/b/a Wolverine Water Treatment Systems

d/b/a Wolverine Water Company

d/b/a Royal Water Treatment Systems

4219 South Division

Grand Rapids, Michigan 49508

Attention: Paul Mahaney, Owner, President

Ralph Bachwich, Owner

Sharon Bachwich, Secretary-Treasurer

RE: EB-03-TC-001

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.[^1]

It has come to our attention that your company, or an entity acting on
behalf of your company, delivered a telephone solicitation to a
residential telephone line despite a previous do-not-call request by a
member of the household. 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 advertise through 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.[^2] 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.[^3]

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.[^4]

The attached information provided to the Commission indicates that your
company failed to honor a do-not-call request that was made by or on
behalf of a residential telephone subscriber who does not have an
established business relationship with your company and did not
expressly invite or authorize the call. That action violates section
64.1200(e)(2)(vi) of the Commission's rules.

It has also 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.[^5] 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."[^6] 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.[^7]
According to the attached information received by the Commission, it
appears that your telephone solicitation did not contain all the
required information.

[Subsequent violations of the Communications Act, and 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.]{.underline}[^8]

Pursuant to section 503(b)(5) of the Communications Act, you may request
a personal interview at the Commission's Field Office nearest to your
place of business. The nearest office appears to be the Detroit Office
at 24897 Hathaway Street, Farmington Hills, Michigan 48335-1552, which
you can contact by telephone at (248) 471-5661. You must schedule the
interview to take place within 21 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 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

You should reference EB-03-TC-001 when corresponding with the
Commission.

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. [If you choose not to respond to this citation and a
Notice of Forfeiture is issued, your unresponsiveness will be considered
in our assessment of a forfeiture amount.]{.underline}

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

[^1]: 47 U.S.C. § 227; 47 C.F.R. § 64.1200.

[^2]: 47 C.F.R. § 64.1200(e).

[^3]: *Consumer.Net v. AT&T*, *Order*, 15 FCC Rcd 281, 298 (1999).

[^4]: 47 U.S.C. § 227(a)(3); 47 C.F.R. § 64.1200(f)(3).

[^5]: 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....").

[^6]: 47 U.S.C. 227(a)(4); 47 C.F.R. 64.1200(f)(5).

[^7]: 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).

[^8]: *See* 47 C.F.R. § 1.80(b)(3).