FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,739
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into account "the nature, circumstances, extent, and gravity of the violation and, with respect to the
violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as
justice may require.""
6. We find that Worldwide is apparently liable for a forfeiture in the amount of $87,500.
The Commission has previously considered $4,500 per unsolicited fax advertisement to be an appropriate
base amount for violating the prohibition against sending unsolicited fax advertisements.'2 We apply that
base amount to each of the 15 apparent violations. In addition, where the consumer requests the company
to stop sending facsimile messages and the company continues to send them, the Commission has
previously considered $10,000 per unsolicited fax advertisement the appropriate forfeiture for such
egregious violations.'3 Here, two consumers each received one facsimile from Worldwide after
specifically requesting that Worldwide cease sending them. Accordingly, we apply the $10,000 amount
to each of these two violations. Thus, a total forfeiture of $87,500 is proposed. Worldwide will have the
opportunity to submit evidence and arguments in response to this NA.4L to show that no forfeiture should
be imposed or that some lesser amount should be assessed.'4
7. We have determined that Worldwide Industrial Enterprises, Inc. apparently violated
section 227 of the Act and the Commission's related rules and orders by using a telephone facsimile
machine, computer, or other device to send 17 unsolicited advertisements to the 17 consumers identified
in the Appendix. We have further determined that Worldwide Industrial Enterprises, Inc. is apparently
liable for a forfeiture in the amount of $87,500.
V. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED, pursuant to section 503(b) of the Act, 47 U.S.C.
503(b), and section 1.80 of the rules, 47 C.F.R. 1.80, that Worldwide Industrial Enterprises, Inc. is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of $87,500
for willful and repeated violations of section 227(b)(1XC) of the Communications Act, 47 U.S.C.
227(b)(1)(C), and section 64.1200(a)(3) of the Commission's rules, 47 C.F.R. 64.1200(a)(3).
9. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Rdles,'5 that within thirty
(30) days of the release date of this Notice of Apparent Liability for Forfeiture, Worldwide Industrial
Enterprises, Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed forfeiture.
" 47 U.S.C. 503(b)X2E); The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the
Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Red 17087, 17100-01 27 (1997)
(Forfeiture Policy Statement), recon. denied, 15 FCC Red 303 (1999).
12 See Get-Aways, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC Red 1805, 1812 (1999); Get-Aways,
Inc., Forfeiture Order, 15 FCC Rcd 4843 (2000); see also US Notary, Inc., Notice of Apparent Liability for
Forfeiture, 15 FCC Red 16999, 17003 (2000); USNotary, Inc., Forfeiture Order, 16 FCC Rcd 18398 (2001); Tri-
Star Marketing, Inc., Notice of Apparent Liability For Forfeiture, 15 FCC Red 11295, 11300 (2000); Tri-Star
Marketing, Inc., Forfeiture Order, 15 FCC Red 23198 (2000).
" See Carolina Liquidators, Inc., Notice of Apparent Liability for Forfeiture, 15 FCC Red 16837, 16842 (2000);
21"' Century Fax(es) Ltd, AK.4 20(h Century Fax(es), 15 FCC Rcd 24406, 24411 (2000).
" See 47 U.S.C. 503(bX4)C): 47 C.F.R. * 1.80(f)(3).
'" 47 C.F.R. 1.80.
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/m1/911/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.