FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,072
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Federal Communications Commission DA 11-1777
individual.22 Again, it is AMS's burden to show that it formed a relationship with the complainants
through a voluntary communication on the basis of an inquiry or transaction, and that it obtained and used
the fax numbers at issue in the context of that relationship or through another permissible means.
Business records evidencing such a relationship - again, tfor example, applications or purchase
agreements - might meet the burden - but AMS did not provide any such records.
12. Thus, AMS has failed to identify any facts or circumstances to persuade us that there is a
basis for modifying the forfeitures proposed in the NALs, and we are not aware of any further mitigating
circumstances sufficient to warrant a reduction of the forfeiture penalty. For these reasons, and based on
the information before us, we hereby impose a total forfeiture of $9,000 for AMS's willful and repeated
violation of section 227(b)(1)(C) of the Act, and section 64.1200(a)(3) of the Commission's rules, as set
forth in the NALs and herein.
IV. ORDERING CLAUSES
13. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Communications Act
of 1934, as amended, 47 U.S.C. 503(b), and section 1.80(f)(4) of the Commission's rules, 47 C.F.R.
1.80(f)(4), and under the authority delegated by sections 0.1 11 and 0.311 of the Commission's rules, 47
C.F.R. 0.111, 0.311, that American Medical Services IS LIABLE FOR A MONETARY
FORFEITURE to the United States Government in the sum of $9,000 for willfully and repeatedly
violating section 227(b)(1)(C) of the Communications Act, 47 U.S.C. 227(b)( I )(C), and section
64.1200(a)(3) of the Commission's rules, 47 C.F.R. 64. 1200(a)(3).
14. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the
Commission's rules within thirty (30) days of the release of this Order. If the forfeiture is not paid within
the period specified, the case may be referred to the Department of Justice for enforcement pursuant to
section 504(a) of the Act.2 Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The payment must include the
NAL/Account Number and FRN referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card,
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). American Medical Services shall also send electronic
notification on the date said payment is made to Johnny.Drake(atfcc.gov. Requests for full payment under
an installment plan should be sent to: Chief Financial Officer- Financial Operations, 445 12th Street,
S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help
Desk at 1-877-480-3201 or Email: ARINQUIRIL" lcc.zox with any questions regarding payment
22 It is unclear how the other documents and information that AMS provided -- I e, public records about one of the
companies associated with a complaint, and the fact that one of the complainants frequently uses the Internct are in
any way relevant to whether AMS had an EBR with either of the companies involved in the complaints.
" 47 U.S.C. * 504(a).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/96/: accessed August 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.