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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                              )                              
                                                                             
                                              )                              
     In the Matter of                                                        
                                              )                              
     Global QA Corp.                                                         
                                              )                              
     d/b/a Global QA                                                         
                                              )                              
     d/b/a Global QA, Inc.                                                   
                                              )                              
     d/b/a Global QU                                                         
                                              )   File No. EB-04-TC-132      
     d/b/a Quality Standards & Marketing                                     
     Corp.                                    )   NAL/Acct. No.              
                                                  200732170064               
     d/b/a Quality Standards & Marketing      )                              
                                                  FRN: 0016631392            
     d/b/a Quality Standards                  )                              
                                                                             
     d/b/a QualityStandards.com               )                              
                                                                             
     d/b/a ISO 9000 USA, Inc.                 )                              
                                                                             
     d/b/a ISO 9000 USA Global QA             )                              
                                                                             
     Apparent Liability for Forfeiture        )                              
                                                                             
                                              )                              
                                                                             
                                              )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: July 23, 2007   Released:  July 23, 2007

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Global QA Corp. ("Global QA") apparently willfully or repeatedly
       violated section 227 of the Communications Act of 1934, as amended
       ("Act"), and the Commission's related rules and orders, by delivering
       at least one unsolicited advertisement to the telephone facsimile
       machine of at least one consumer. Based on the facts and circumstances
       surrounding the  apparent violation, we find that Global QA is
       apparently liable for a forfeiture in the amount of $4,500.

   II. BACKGROUND

    2. Section 227(b)(1)(C) of the Act makes it "unlawful for any person
       within the United States, or any person outside the United States if
       the recipient is within the United States . . . to use any telephone
       facsimile machine, computer, or other device to send, to a telephone
       facsimile machine, an unsolicited advertisement."  The term
       "unsolicited advertisement" is defined in the 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 in writing or otherwise." Under the Commission's Rules, an
       "established business relationship" exception permits a party to
       deliver a message to a consumer if the sender has an established
       business relationship with the recipient and the sender obtained the
       number of the facsimile machine through the voluntary communication by
       the recipient, directly to the sender, within the context of the
       established business relationship, or through a directory,
       advertisement, or a site on the Internet to which the recipient
       voluntarily agreed to make available its facsimile number for public
       distribution.

    3. On September 22, 2004, in response to one or more consumer complaints
       alleging that Global QA  had faxed unsolicited advertisements, the
       Commission staff issued a citation to Global QA, pursuant to section
       503(b)(5) of the Act. The staff cited Global QA  for using a telephone
       facsimile machine, computer, or other device, to send unsolicited
       advertisements for quality standards training services and products 
       to a telephone facsimile machine, in violation of section 227 of the
       Act and the Commission's related rules and orders. The citation, which
       the staff served by certified mail, return receipt requested, warned 
       Global QA  that subsequent violations could result in the imposition
       of monetary forfeitures of up to $11,000 per violation, and included a
       copy of the consumer complaints that formed the basis of the citation.
       The citation informed Global QA that within 30  days of the date of
       the citation, it could either request an interview with Commission
       staff, or could provide a written statement responding to the
       citation. Global QA  did not request an interview or otherwise respond
       to the citation.

    4. Despite the citation's  warning that subsequent violations could
       result in the imposition of monetary forfeitures, we have received an 
       additional consumer complaint indicating that Global QA  continued to
       engage in such conduct after receiving the citation.  We base our
       action here specifically on the complaint filed by one consumer
       establishing that Global QA  continued to send  an  unsolicited
       advertisement to a telephone facsimile machine after the date of the
       citation.

    5. Section 503(b) of the Act authorizes the Commission to assess a
       forfeiture of up to $11,000 for each violation of the Act or of any
       rule, regulation, or order issued by the Commission under the Act by a
       non-common carrier or other entity not specifically designated in
       section 503 of the Act. In exercising such authority, we are to take
       into account "the nature, circumstances, extent, and gravity of the
       violation and, with respect to the violator, the degree of
       culpability, any history of prior offenses, ability to pay, and such
       other matters as justice may require."

   III. DISCUSSION

   A. Violations of the Commission's Rules Restricting Unsolicited Facsimile
   Advertisements

    6. We find that Global QA apparently violated section 227 of the Act and
       the Commission's related rules and orders by using a telephone
       facsimile machine, computer, or other device to send at least one
       unsolicited advertisement to the consumer identified herein. This NAL
       is based on evidence that the consumer received an unsolicited fax
       advertisement from Global QA after the Commission staff's citation.
       The facsimile transmission advertises training services. Further,
       according to the complaint, the consumer neither had an established
       business relationship with Global QA  nor gave Global QA permission to
       send the facsimile transmission.  The fax at issue here therefore
       falls within the definition of an "unsolicited advertisement."  Based
       on the entire record, including the consumer complaint, we conclude
       that Global QA apparently violated section 227 of the Act and the
       Commission's related rules and orders by sending an unsolicited
       advertisement to a consumer's facsimile machine.

    B. Proposed Forfeiture

    7. We find that Global QA is apparently liable for a forfeiture in the
       amount of $4,500.  Although the Commission's Forfeiture Policy
       Statement does not establish a base forfeiture amount for violating
       the prohibition against using a telephone facsimile machine to send
       unsolicited advertisements, the Commission has previously considered
       $4,500 per unsolicited fax advertisement to be an appropriate base
       amount. We apply that base amount to the apparent violation. Global QA
       will have the opportunity to submit evidence and arguments in response
       to this NAL to show that no forfeiture should be imposed or that some
       lesser amount should be assessed.

   IV. CONCLUSION AND ORDERING CLAUSES

    8. We have determined that Global QA Corp. apparently violated section
       227 of the Act and the Commission's related rules and orders by using
       a telephone facsimile machine, computer, or other device to send at
       least one unsolicited advertisement to the consumer identified herein.
       We have further determined that Global QA Corp. is apparently liable
       for a forfeiture in the amount of $4,500.

    9. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47
       U.S.C. S: 503(b), and section 1.80 of the Rules, 47 C.F.R. S: 1.80,
       and under the authority delegated by sections 0.111 and 0.311 of the
       Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Global QA Corp.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of $4,500 for willful or repeated violations of section
       227(b)(1)(C) of the Communications Act, 47 U.S.C. S: 227(b)(1)(C),
       sections 64.1200(a)(3) of the Commission's rules, 47 C.F.R. S:
       64.1200(a)(3), and the related orders described in the paragraphs
       above.

   10. IT IS FURTHER ORDERED THAT, pursuant to section 1.80 of the
       Commission's rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Global QA Corp.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. Payment by check or money order, payable to the order of the "Federal
       Communications Commission," may be mailed to Forfeiture Collection
       Section, Finance Branch, Federal Communications Commission, P.O. Box
       358340, Pittsburgh, PA 15251. Payment by overnight mail may be sent to
       Mellon Client Service Center, 500 Ross Street, Room 670, Pittsburgh,
       PA 15262-0001, Attn: FCC Module Supervisor. Payment by wire transfer
       may be made to: ABA Number 043000261, receiving bank Mellon Bank, and
       account number 911-6229. The payment should note NAL/Acct. No.
       200732170064.

   12. The response, if any, must be mailed both to the Office of the
       Secretary, Federal Communications Commission, 445 12th Street, SW,
       Washington, DC 20554, ATTN: Enforcement Bureau - Telecommunications
       Consumers Division, and to Colleen Heitkamp, Chief, Telecommunications
       Consumers Division, Enforcement Bureau, Federal Communications
       Commission, 445 12th Street, SW, Washington, DC 20554, and must
       include the NAL/Acct. No. referenced in the caption.

   13. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   14. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Chief, Revenue and Receivables Operations Group, 445 12th Street, SW,
       Washington, DC 20554.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail Return Receipt
       Requested to Global QA Corp., Attention: Robert Rowe and Patrick Hall,
       300 Esplanade Drive, #1460, Oxnard, CA 93036 and 567 W. Channel
       Islands Boulevard, Port Hueneme, CA 93041

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

   See 47 U.S.C. S: 503(b)(1). The Commission has the authority under this
   section of the Act to assess a forfeiture against any person who has
   "willfully or repeatedly failed to comply with any of the provisions of
   this Act or of any rule, regulation, or order issued by the Commission
   under this Act ...." See also 47 U.S.C. S: 503(b)(5) (stating that the
   Commission has the authority under this section of the Act to assess a
   forfeiture penalty against any person who is not a common carrier so long
   as such person (A) is first issued a citation of the violation charged;
   (B) is given a reasonable opportunity for a personal interview with an
   official of the Commission, at the field office of the Commission nearest
   to the person's place of residence; and (C) subsequently engages in
   conduct of the type described in the citation).

   According to publicly available information, Global QA is also doing
   business as Global QA, Inc., Global QU, Quality Standards and Marketing
   Corp., Quality Standards and Marketing, Quality Standards,
   QualityStandards.com, ISO 9000 USA, Inc., and ISO 9000 USA Global QA.
   Therefore, all references in this NAL to Global QA encompass Global QA
   Corp. as well as Global QA, Inc., Global QU, Quality Standards and
   Marketing Corp, Quality Standards and Marketing, Quality Standards,
   QualityStandards.com, ISO 9000 USA, Inc., and ISO 9000 USA Global QA.
   Global QA has  offices at 300 Esplanade Drive, #1460, Oxnard, CA 93036 and
   at 567 W. Channel Islands Boulevard, Port Hueneme, CA 93041.  Robert Rowe
   and Patrick Hall are listed as contact persons for Global QA. Accordingly,
   all references in this NAL to Global QA  also encompass the foregoing
   individuals and all other principals and officers of this entity, as well
   as the corporate entity itself.

   See  47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3);  see also 
   Rules and Regulations Implementing the Telephone Consumer Protection Act
   of 1991, Report and  Order and Third Order on Reconsideration, 21 FCC Rcd
   3787 (2006).

   47 U.S.C. S: 227(b)(1)(C); 47 C.F.R. S: 64.1200(a)(3).

   47 U.S.C. S:227(a)(4); 47 C.F.R. S:64.1200 (f)(13).

   An "established business relationship" is defined as a prior or existing
   relationship formed by a voluntary two-way communication "with or without
   an exchange of consideration, on the basis of an inquiry, application,
   purchase or transaction by the business or residential subscriber
   regarding products or services offered by such person or entity, which
   relationship has not been previously terminated by either party." 47
   C.F.R. S: 64.1200(f)(5).

   See 47 C.F.R. S: 64 (a)(3)(i), (ii).

   Citation from Kurt A. Schroeder, Deputy Chief, Telecommunications
   Consumers Division, Enforcement Bureau, File No. EB-04-TC-132 issued to
   Global QA on September 22, 2004.

   See 47 U.S.C. S: 503(b)(5) (authorizing the Commission to issue citations
   to non-common carriers for violations of the Act or of the Commission's
   rules and orders).

   Commission staff mailed the citation to 300 Esplanade Drive, #1460,
   Oxnard, CA 93030. See n.2, supra.

   See the  consumer complaint of Harold Hallikainen of Dove Systems,
   requesting Commission action (violation date, August 3, 2006).

   We note that evidence of additional instances of unlawful conduct by
   Global QA may form the basis of subsequent enforcement action.

   Section 503(b)(2)(C) provides for forfeitures up to $10,000 for each
   violation in cases not covered by subparagraph (A) or (B), which address
   forfeitures for violations by licensees and common carriers, among others.
   See 47 U.S.C. S: 503(b). In accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996,
   Pub. L. 104-134, Sec. 31001, 110 Stat. 1321, the Commission implemented an
   increase of the maximum statutory forfeiture under section 503(b)(2)(C) to
   $11,000. See 47 C.F.R. S:1.80(b)(3); Amendment of Section 1.80 of the
   Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 15 FCC Rcd 18221 (2000); see also Amendment of Section 1.80(b)
   of the Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
   Inflation, 19 FCC Rcd 10945 (2004) (this recent amendment of section
   1.80(b) to reflect inflation left the forfeiture maximum for this type of
   violator at $11,000).

   47 U.S.C. S: 503(b)(2)(D); The Commission's Forfeiture Policy Statement
   and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
   Guidelines, Report and Order, 12 FCC Rcd 17087, 17100-01 para. 27 (1997)
   (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999).

   See complaint from Harold Hallikainen of Dove Systems (stating that he
   received an unsolicited fax advertising training services).

   See 47 U.S.C. S: 227(a)(4); 47 C.F.R. S: 64.1200(f)(13) (definition
   previously at S: 64.1200(f)(10)).

   See  Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC
   Rcd 1805 (1999); Get-Aways, Inc., Forfeiture Order, 15 FCC Rcd 4843
   (2000); see also US Notary, Inc., Notice of Apparent Liability for
   Forfeiture, 15 Rcd 16999 (2000); US Notary, Inc., Forfeiture Order, 16 FCC
   Rcd 18398 (2001); Tri-Star Marketing, Inc., Notice of Apparent Liability
   For Forfeiture, 15 FCC Rcd 11295 (2000); Tri-Star Marketing, Inc.,
   Forfeiture Order, 15 FCC Rcd 23198 (2000).

   See  47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3).

   47 C.F.R. S: 1.80.

   47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 07-2749

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   Federal Communications Commission DA 07-2749