FCC Complaint Letter by CelesteKatz

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									                                       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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