FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,738
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3. On November 9, 2009, in response to a consumer complaint alleging that Worldwide had
faxed unsolicited advertisements, the Enforcement Bureau ("Bureau") issued a junk fax citations to
Worldwide, pursuant to section 503(bX5) of the Act.6 The Bureau cited Worldwide for using a telephone
facsimile machine, computer, or other device, to send unsolicited advertisements to a telephone facsimile
machine, in violation of section 227 of the Act and the Commission's related rules and orders.
Worldwide did not respond to the citation. Despite the citation's warning that subsequent violations
could result in the imposition of monetary forfeitures, we have continued to receive additional consumer
complaints indicating that Worldwide continued to send junk faxes after issuance of the citation.7 We
base our action here specifically on complaints filed by 17 consumers establishing that Worldwide sent 17
unsolicited advertisements to telephone facsimile machines between February 10, 2010 and April 27,
A. Violations of the Commission's Rules Restricting Unsolicited Facsimile
4. Each of the consumers listed in the Appendix has provided evidence that Worldwide
apparently used a telephone facsimile machine, computer, or other device to send the consumer one
unsolicited advertisement.9 Further, according to the complaints, the consumers did not have an
established business relationship with Worldwide, and did not give Worldwide permission to send the
facsimile transmissions.'o Based on the entire record, including the consumer complaints, we conclude
that Worldwide apparently violated section 227 of the Act and section 64.1200 of the Rules and the
Commission's related orders by sending 17 unsolicited advertisements to 17 consumers' facsimile
B. Proposed Forfeiture
5. Section 503(b) of the Act authorizes the Commission to assess a forfeiture for each
violation of the Act, or of any rule, regulation, or order issued by the Commission under the Act, by a
non-common carrier or other entity not specifically designated in section 503 of the Act, after we have
first issued a citation to the entity, as we have in this case. In exercising such authority, we are to take
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must notify the recipient how to opt-out of receiving future such ads, subject to certain requirements. The
Commission has adopted implementing rules. 47 C.F.R. 64.1200(a)(3).
S Citation from Joshua P. Zeldis, Assistant Division Chief, Telecommunications Consumers Division, Enforcement
Bureau, File No. EB-09-TC-452, issued to Worldwide on November 9, 2009.
6 See 47 U.S.C. 503(b)(5) (requiring the Commission, before assessing a forfeiture against any person who does
not hold, or is not an applicant for, a license, permit, certificate, or other authorization issued by the Commission, to
first issue a citation for any violation of the Act or of the Commission's rules or orders).
7 See Appendix for a listing of the consumer complaints against Worldwide requesting Commission action for
sending junk faxes post-citation.
' We note that evidence of additional instances of unlawful conduct by Worldwide will result in further
9 The facsimile transmissions advertise concrete, metal, and wood coatings. The faxes at issue here therefore fall
within the definition ofan "unsolicited advertisement." See 47 U.S.C. 227(a)(5); 47 C.F.R. 64.1200(f)(13)
(definition previously at 64.1200(f)(10)).
'o See, e.g.. complaint dated March 23, 2010, from D. Fitzsimmons (stating that he never did any business with the
fax advertiser, never made an inquiry or application to the fax advertiser, and never gave permission for the
company to send the fax). The complainants involved in this action are listed in the Appendix.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/910/: accessed April 30, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.