ARCHIVED - Notice of Violation

Ottawa, 12 August 2009

File No.: PDR 9174-410

To: All Points Solutions Inc.

Name: Mr. Timothy Menjou

Address:

331-5158 48th Ave.

Delta, British Columbia

V4K 5B6

Issue Date of Notice: 12 August 2009

Penalty: $10,000

Payment Due: 14 September 2009

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 All Points Solutions Inc. has committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules made under section 41 of the Act:

Between the dates of approximately 12 November 2008 and 14 May 2009, 10 fax telemarketing telecommunications were made on behalf of All Points Solutions Inc. to telecommunications numbers registered on the National Do Not Call List (DNCL) in violation of Part II, section 4 of the National DNCL Rules.

Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for each of the 10 violations identified above is $1,000, for a total penalty of $10,000.

A copy of the investigation report, including all of the evidence, supporting these findings is attached to this notice.

The penalty of $10,000 must be paid to “The Receiver General for Canada” as stated in subsection 72.09(3) of the Act.

Payment must be received on or before the payment due date identified in this notice. Payment should be mailed to the following address:

Canadian Radio-television and Telecommunications Commission (CRTC)

Ottawa, Ontario, Canada  K1A 0N2

Attn.: Director General, Finance and Administrative Services

or sent by courier to the following address:

Canadian Radio-television and Telecommunications Commission (CRTC)

Les Terrasses de la Chaudière

Central Building

1 Promenade du Portage

Gatineau, Quebec, Canada  J8X 4B1

Attn.: Director General, Finance and Administrative Services

Payment shall be made by certified cheque or money order payable to “The Receiver General for Canada”. A copy of this notice should accompany the payment.

The penalty must be paid before the following date:

14 September 2009

If you wish to have this notice of violation reviewed by the CRTC, you may, pursuant to paragraph 72.07(2)(b) of the Act, make written representations with respect to the violations to the CRTC before the date indicated above.

Representations may only be made in writing and should be submitted to: 

Secretary General

Canadian Radio-television and Telecommunications Commission (CRTC)

Ottawa, Ontario, Canada,  K1A 0N2

File No.: PDR 9174-410

Pursuant to paragraph 72.07(2)(c) and subsection 72.08(3) of the Act, if you do not pay the penalty specified in this notice OR make representations in accordance with this notice, you will be deemed to have committed the violations outlined in this notice and the CRTC may impose the penalty.

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.

Payment or representations must be actually received, not merely sent, by the date set out above.

Where representations are not made, any penalty not paid by the due date will be assessed interest on the unpaid amount beginning on the due date and ending on the day before the day on which payment is received by the CRTC.  The CRTC will charge interest calculated and compounded monthly at the average bank rate plus three percent (3%).

Len Katz

Vice-Chairman

Telecommunications

Date modified:

2009-08-12