*Pages 1--4 from  Microsoft Word - 26907.doc*
 April  22,  2003 
 1  Home  Lending  Corporation  Glenn  Allan  Podell  d.  b.  a.  Home  Lending  Corporation  30013  Trail  Creek  Drive 
 d.  b.  a.  Capital  Line  Financial  Agoura  Hills,  California  91301  d.  b.  a.  Capital  Line  Financial  Services 
 d.  b.  a.  Capital  Line  Enterprises,  Inc.  Gary  Higer  23925  Park  Sorrento,  Suite  200  4000-  D  West  Magnolia 
 Calabasas,  California  91302-  4010  Burbank,  California  91505  Attention:  Glenn  Allan  Podell,  President 
 Matthew  Scott  Powell  Kristie  Michelle  Powell  William  Joseph  Tessar  578  Carnation  Court 
 Kristie  Michelle  Powell  Simi  Valley,  California  93065  Gary  Higer,  Designated 
 Officer 
 William  Joseph  Tessar  Matthew  Scott  Powell  471-  A  Augustine  Way  4474  Alpine  Street 
 Simi  Valley,  California  93063  Simi  Valley,  California  93063-  3420 
 RE:  EB-  03-  TC-  031 
 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  Commissions  rules  that  govern  telephone  solicitation.  1 
 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 
 Commissions  rules  prohibit  transmission  of  unsolicited  advertisements  through  prerecorded  messages  to  residential  telephone  lines  except  under  the  very  limited  circumstances  described 

 1  47  U.  S.  C    227;  47  C.  F.  R.    64.  1200. 

 FEDERAL  COMMUNICATIONS  COMMISSION  WASHINGTON,  D.  C.  20554 
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 in  the  rules.  2  The  term  unsolicited  advertisement  is  defined  in  the  Communications  Act  and  the  Commissions  rules  as  any  material  advertising  the  commercial  availability  or 
 quality  of  any  property,  goods,  or  services  which  is  transmitted  to  any  person  without  that  persons  prior  express  invitation  or  permission.  3  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  Commissions  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.  4  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  Commissions  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.  5 

 Pursuant  to  section  503(  b)(  5)  of  the  Communications  Act,  you  may  request  a  personal  interview  at  the  Commissions  Field  Office  nearest  to  your  place  of  business. 
 The  nearest  office  appears  to  be  the  Los  Angeles  Office  at  18000  Studebaker  Road,  Room  660,  Cerritos,  California  90703-  2692,  which  you  can  contact  by  telephone  at 

 2  The  Commissions  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.). 
 3  47  U.  S.  C.  227(  a)(  4);  47  C.  F.  R.  64.  1200(  f)(  5). 

 4  47  C.  F.  R.    64.  1200(  e)(  2)(  iv).  In  addition,  the  Act  and  the  Commissions  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). 

 5  See  47  C.  F.  R.    1.80(  b)(  3). 
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 (562)  865-  0598.  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  companys  written  do-  not-  call  policy  as  required  by  section  64.1200(  e)(  2)(  i)  of  the  Commissions  rules.  Please  reference  EB-  03-  TC-  031  when  corresponding  with  the 
 Commission. 
 If  you  request  a  meeting,  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  Commissions  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  Commissions  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. 
 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. 
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 Thank  you  in  advance  for  your  anticipated  cooperation. 
 Sincerely, 

 Kurt  A.  Schroeder  Deputy  Chief 
 Telecommunications  Consumers  Division  Enforcement  Bureau 
 Federal  Communications  Commission 
 Enclosures 
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