P.O. Box 4491, New York, New York 10163 (917) 387-6370 www.WendyLongforNewYork.com June 24, 2012 Chairman Julius Genachowski Federal Communications Commission 445 12th Street SW, Washington, DC 20554 Re: Complaint against Turner for New York Dear Chairman Genachowski: I write this letter to file a complaint pursuant to 47 U.S.C. § 227 against Turner for New York ("Respondent"), a campaign committee for Representative Bob Turner. Respondent has plainly violated the Commission's disclaimer requirements for telephone communications as prescribed by the Telephone Consumer Protection Act 47 U.S.C. § 227. In automated telephone calls that have been made throughout the state, Respondent has failed to include an opening message that states the nature of the call and the name of the person on behalf the message is transmitted. By refusing to follow the law, Respondent has ignored Congress's mandate that allow recipients to immediately identify the nature of the incoming call. As these automated calls do not include the required opening disclaimer, in clear violation of federal law, the Commission should act immediately to cause the Respondent to cease and desist from the further placement of these calls and investigate the matter fully. THE FACTS Turner for New York has paid for automated calls that are being made throughout the State of New York. The robocall is available here: http://www.youtube.com/watch?feature=player_embedded&v=yGgztLkyLMY ARGUMENT When a candidate authorizes an “(A) all artificial or prerecorded telephone messages (i) shall, at the beginning of the message, state clearly the identity of the business, individual, or other entity initiating the call, and (ii) shall, during or after the message, state clearly the telephone number or address of such business, other entity, or individual;" The purpose of the requirement is for candidates to identify clearly the party initiating the call - Turner for New York did not do this. In addition, the attached robo call also does not state clearly the telephone number or address of such entity. Unfortunately, this is not Congressman Turner’s first campaign first violation. On April 29, 2011, the Federal Elections Commission reported pursuant to ADR 560 that Bob Turner for Congress and Kevin Turner, in his official capacity as treasurer, agreed to work with Commission staff to terminate the Committee and pay a civil penalty of $4,000. For these reasons, the Commission should act immediately to cease the automated calls in question and investigate the matter fully. Sincerely, Robert H. Ryan Campaign Manager, Wendy Long for New York PAID FOR BY WENDY LONG FOR NEW YORK, INC.
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