Federal Communications Commission DA 09-2079 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WorldNet, L.L.C. ) ) ) ) ) File No. EB-08-SE-706 NAL/Acct. No. 200932100053 FRN 0004937116 MEMORANDUM OPINION AND ORDER Adopted: September 18, 2009 Released: September 22, 2009 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Memorandum Opinion and Order, we cancel a proposed forfeiture in the amount of twenty thousand dollars ($20,000) issued to WorldNet, L.L.C. (“WorldNet”). On April 3, 2009, the Enforcement Bureau’s Spectrum Enforcement Division (“Division”) issued to WorldNet a Notice of Apparent Liability for Forfeiture and Order (“NAL”)1 based on WorldNet’s apparent willful failure to respond to a Letter of Inquiry (“LOI”) that was issued by the Division.2 2. Upon review of the record, and based on information provided by WorldNet in its response to the NAL,3 including sworn declarations from two WorldNet employees, we find that the record is insufficient to support a finding of a willful violation. Accordingly, we conclude that the NAL should be cancelled.4 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 the April 3, 2009 Notice of Apparent Liability for Forfeiture and Order issued to WorldNet, L.L.C. IS CANCELLED. 1 WorldNet, L.L.C., Notice of Apparent Liability for Forfeiture and Order, 24 FCC Rcd 14065 (Enf. Bur., Spectrum Enf. Div. 2009). 2 WorldNet was also ordered to respond fully to the LOI within ten (10) days of the release of the NAL. Pursuant to a grant of an extension of time to respond, WorldNet submitted a response to the LOI on April 23, 2009. See Letter of Edward A. Yorkgitis, Jr., Esq., Counsel for WorldNet, L.L.C., to Marlene H. Dortch, Secretary, Federal Communications Commission (April 23, 2009). 3 See Letter of Edward A. Yorkgitis, Jr., Esq., Counsel for WorldNet, L.L.C., to Marlene H. Dortch, Secretary, Federal Communications Commission (May 4, 2009); see also, Letter of Edward A. Yorkgitis, Jr., Esq., Counsel for WorldNet, L.L.C., to Marlene H. Dortch, Secretary, Federal Communications Commission (September 11, 2009). 4 See Cellular Abroad, Inc., Order, DA 09-1884 (Enf. Bur., Sept. 1, 2009); City of Daytona Beach, Order, DA 09- 1885 (Enf. Bur., Sept. 1, 2009). 5 47 U.S.C. § 503(b). 6 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). Federal Communications Commission DA 09-2079 2 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and by Certified Mail Return Receipt Requested to Ms. Debra R. Schmidt, Director of Telephony Services, WorldNet, L.L.C., 1 Riverfront Plaza, Suite 301, Lawrence KS 66044, and to Edward Yorkgitis, Esq., Counsel for WorldNet, L.L.C., Kelley Drye & Warren LLP, 3050 K Street, N.W., Suite 400, Washington D.C. 20007. FEDERAL COMMUNICATIONS COMMISSION Kathryn S. Berthot Chief, Spectrum Enforcement Division Enforcement Bureau