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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

                              December  3, 1999


John Web
President
Factory Direct Copiers
d/b/a Copier Marketing
d/b/a ASAP Marketing
9348 De Soto Avenue
Chatsworth, California  91311

          RE:  EB-99-TC-005

Dear Mr. Web:

     This is an official CITATION issued pursuant to section 
503(b)(5) of the Communications Act of 1934, as amended (the 
Communications Act).

     It has come to our attention that your company recently sent 
an unsolicited advertisement to a telephone facsimile machine 
(see attachment).  Pursuant to the Telephone Consumer Protection 
Act of 1991 (TCPA), and the Commission's rules, it is unlawful to 
use a ``telephone facsimile machine, computer, or other device to 
send an unsolicited advertisement to a telephone facsimile 
machine.''  47 U.S.C. § 227(b)(1)(C); 47 C.F.R. § 64.1200(a)(3).  

     In addition to the violation identified above, it appears 
that your company also has violated the provisions of the TCPA 
and the Commission's rules, which require any person or entity 
who sends a message via a telephone facsimile machine to clearly 
mark ``in a margin at the top or bottom of each transmitted page 
of the message or on the first page of the transmission, the date 
and time it is sent and an identification of the business, other 
entity, or individual sending the message and the telephone 
number of the sending machine or of such business, other entity, 
or individual.''  47 U.S.C. § 227(d)(1)(B); 47 C.F.R. § 
68.318(d).

     Please be advised that subsequent violations of the 
Communications Act or of the Commission's rules may result in the 
imposition of monetary forfeitures not to exceed $11,000 for each 
such violation or each day of a continuing violation.  See 47 
C.F.R. § 1.80(b)(3).

     The phrase ``unsolicited advertisement'' is defined in the 
TCPA 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.''  47 U.S.C. § 227(a)(4); 
47 C.F.R. § 64.1200(f)(5).  Both the TCPA and the Commission's 
rules define ``telephone facsimile machine'' as ``equipment which 
has the capacity
      
to transcribe text or images, or both, from paper into an 
electronic signal and to transmit that signal over a regular 
telephone line, or to transcribe text or images (or both) from an 
electronic signal received over a regular telephone line onto 
paper.''  47 U.S.C. § 227(a)(2); 47 C.F.R. § 64.1200(f)(2).  
Addressing the TCPA's definition of ``telephone facsimile 
machine,'' the Commission stated that ``[f]ax modem boards are 
the functional equivalent of stand-alone facsimile machines.''  
Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, 10 FCC Rcd 12391, 12405, para. 29 (1995).

     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 San Diego Office at Interstate Office Park, 4542 Ruffner 
Street, Room 370, San Diego, California  92111-2216, which you 
can contact by telephone at (619) 557-5698.  You must request an 
interview 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:

               Catherine W. Seidel
               Chief, Telecommunications Consumers Division
                Enforcement Bureau
               Federal Communications Commission
               445-12th 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 outlined above.  Please reference EB-99-TC-005 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 TCPA and the Commission's rules.  This will include any 
information that you disclose in your interview or written 
statement.

     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, 


                              Catherine W. Seidel
                              Chief, Telecommunications Consumers 
                         Division
                              Enforcement Bureau
                              Federal Communications Commission

Enclosures