ARCHIVED - Notice of Violation

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Ottawa, 16 December 2010

File Nos.: PDR 9174-773 & 825

To: Xentel DM Inc.

Address:
Suite 24, 3710 Westwinds Drive
Calgary, Alberta
T3J 5H3

Issue Date of Notice:  16 December 2010

Penalty: $500,000

Payment Due: 16 December 2010

Pursuant to section 72.07 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding Xentel DM Inc. to have committed violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act as set out below:

(1) Between June 2009 and November 2009, twenty-six (26) voice telemarketing telecommunications were made by Xentel DM Inc. on behalf of not-for-profit organizations that are not registered charities within the meaning of subsection 248(1) of the Income Tax Act, resulting in:

(2) Between December 2009 and October 2010, thirty-six (36) voice telemarketing telecommunications were made by Xentel DM Inc. on its own behalf, and not on behalf of a registered charity within the meaning of subsection 248(1) of the Income Tax Act, resulting in:

Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the seventy-five (75) violations identified above is $500,000.

The penalty of $500,000 must be paid to “The Receiver General for Canada” in accordance with subsection 72.09(3) of the Act.

Pursuant to subsection 72.08(1) of the Act, if full payment of the specified amount is received, you will be deemed to have committed the violations and payment will be accepted in complete satisfaction of the penalty and no further action will be taken.

Len Katz
Vice-Chairman
Telecommunications

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