Federal Communications Commission                       DA 12-53
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
LDC Telecommunications, Inc.
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File No.:  EB-11-TC-105
NAL/Acct. No.:  201232170003
FRN:  0003757390
NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER
Adopted:  January 17, 2012 Released:  January 18, 2012 
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that LDC 
Telecommunications, Inc. (LDC)1 apparently violated an Enforcement Bureau (Bureau) order to produce 
certain information and documents in response to a Bureau Letter of Inquiry (LOI) relating to an 
investigation into possible violations of the Communications Act of 1934, as amended (Communications 
Act or Act).  Based upon our review of the facts and circumstances before us, we find that LDC is 
apparently liable for a forfeiture of $25,000.  Furthermore, we direct LDC to submit, not later than ten 
(10) calendar days after the release of this NAL, full and complete responses to the Bureau’s LOI. 
II. BACKGROUND
2. The Bureau initiated an investigation of LDC to determine whether it had violated the 
Communications Act in connection with its billing practices.  As part of the investigation, on October 13, 
2011, the Bureau sent LDC the LOI, which ordered LDC to provide certain information and documents.2  
The Bureau directed LDC to respond within twenty (20) calendar days from the date of the LOI.  The 
Bureau sent the LOI via certified mail with a return receipt requested to LDC’s headquarters.  LDC 
received and signed for the LOI on October 17, 2011.3  LDC failed to respond to the LOI by the 
November 2, 2011 due date. On November 4, 2011, the Bureau sent a letter via certified mail (with a 
return receipt requested) to LDC advising that the due date for the LOI response had passed and giving 
  
1 According to our records and publicly available information, LDC Telecommunications, Inc. has offices at 2451 
McMullen Booth Road, Suite 200, Clearwater, FL 33759.  The Company’s President is Sean Connors.  Accordingly, 
all references in this NAL to LDC Telecommunications, Inc. also encompasses the foregoing individual and all 
other principals and officers of this entity, as well as the corporate entity itself.  
2 See Letter from Richard A. Hindman, Chief, Telecommunications Consumers Division, Enforcement Bureau, 
Federal Communications Commission, to LDC, Attn: Sean Connors, Oct. 13, 2011.
3 The Clearwater, FL post office stamped the return receipt card October 17, 2011.  
Federal Communications Commission                        DA 12-53
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LDC until November 14, 2011 to respond.4 LDC received and signed for the letter on November 7, 
2011.5 LDC failed to respond to the November 4, 2011 letter, and to date has still not responded to the 
LOI. 
III. DISCUSSION
A. Apparent Violation
3. Under section 503(b) of the Act, any person who is determined by the Commission to 
have willfully or repeatedly failed to comply with any of the provisions of the Act, or any rule or order 
issued by the Commission under the Act, shall be liable for a forfeiture penalty.6 In order to impose such 
a forfeiture penalty, the Commission must issue a notice of apparent liability, the notice must be received, 
and the person against whom the notice has been issued must have an opportunity to show, in writing, 
why no such forfeiture penalty should be imposed.7  
4. Sections 4(i), 218, and 403 of the Act give the Commission broad power to compel carriers 
such as LDC to provide the information and documents sought by the Bureau’s LOI.   Section 4(i) 
authorizes the Commission to “issue such orders, not inconsistent with this Act, as may be necessary in the 
execution of its functions.”8 Section 218 authorizes the Commission to “obtain from … carriers … full and 
complete information necessary to enable the Commission to perform the duties and carry out the objects 
for which it was created.”9 Section 403 states: “The Commission shall have the same powers and 
authority to proceed with any inquiry … including the power to make and enforce any order or orders in 
the case, or relating to the matter or thing concerning which the inquiry is had.”10  
5. The Bureau’s LOI directed to LDC was a legal order of the Commission requiring LDC to 
produce the requested documents and information.  LDC received the LOI and the follow-up letter, as 
evidenced by the return receipts received by the Commission.  LDC failed on two separate occasions to 
provide the Commission with information necessary for the Commission to complete its investigation.  
LDC’s failure to provide the documents and information sought within the time and manner specified 
constitutes a violation of a Commission order. 
  
4 See Letter from Kimberly A. Wild, Deputy Division Chief, Telecommunications Consumers Division, 
Enforcement Bureau, FCC, to LDC, Attention: Sean Connors (Nov. 4, 2011).  The letter stated, “[t]he LOI the 
Bureau directed to LDC served as a legal order of the Commission to produce the requested information and 
documents.  LDC’s failure to provide the requested information and documents sought within the time and manner 
specified will be considered a violation of a Commission order and could result in a Notice of Apparent Liability.”  
5 The Clearwater, FL post office stamped the return receipt card November 7, 2011.
6 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(a).
7 47 U.S.C. § 503(b)(4); 47 C.F.R. § 1.80(f).
8 47 U.S.C. § 154(i).  
9 Id. § 218.    
10 Id. § 403.
Federal Communications Commission                        DA 12-53
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B.  Forfeiture Amount
6. Section 503(b)(2)(B) of the Act authorizes the Commission to assess a forfeiture of up to 
$150,000 for each violation, or each day of a continuing violation, up to a statutory maximum of 
$1,500,000 for a single act or failure to act.11 In determining the appropriate forfeiture amount, we 
consider the factors enumerated in section 503(b)(2)(E) of the Act, including “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.”12 Our forfeiture 
guidelines set forth the base amount for certain kinds of violations, and identify criteria, consistent with 
the section 503(b)(2)(E) factors, that may influence whether we adjust the base amount downward or 
upward. For example, we may adjust a penalty upward for “[e]gregious misconduct,” or whether the 
subject of an enforcement action has engaged in an “[i]ntentional violation” or “[r]epeated or continuous 
violation.”13  
7. Pursuant to section 1.80 of the Commission’s rules and the Commission’s Forfeiture 
Policy Statement, the base forfeiture amount for failure to respond to Commission communications is 
$4,000.14 Using our discretion to adjust the base forfeiture as circumstances warrant, however, we have 
imposed penalties that are many times higher for failing to respond properly to LOIs.  For example, we 
have imposed substantial forfeitures for completely failing to respond to an LOI,15 for failing to respond 
fully to an LOI,16 and for failing to certify to the accuracy of an LOI.17 We adjusted the base forfeiture 
upward in part because “[m]isconduct of this type exhibits contempt for the Commission’s authority, and 
threatens to compromise the Commission’s ability to adequately investigate violations of its rules.”18
8. We find that LDC’s apparent failure to respond to the Bureau’s LOI in the circumstances 
presented here warrants a forfeiture of $25,000.  LDC failed to respond to the LOI after receiving and 
signing for it on October 17, 2011, and after receiving a follow-up letter from Bureau staff reiterating the 
need for a response and warning it of the consequences of failing to do so.  Such apparent disregard for 
the Commission’s authority and investigatory process appears egregious, intentional, and continuous, and 
  
11 47 U.S.C. § 503(b)(2)(B); see also 47 C.F.R. § 1.80(b)(2); Amendment of Section 1.80 of the Commission’s Rules 
and Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 23 FCC Rcd 9845 (2008) (inflation adjustment to 
$150,000/$1,500,000). 
12 47 U.S.C. § 503(b)(2)(E); see also The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17100 (1997) (Forfeiture Policy 
Statement); recon. denied 15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80(b)(4).
13 47 C.F.R. § 1.80(b)(4) note.
14 47 C.F.R. § 1.80; Forfeiture Policy Statement, 12 FCC Rcd at 17114, Appendix A, Section I.
15 See, e.g., Net One International, Net One, LLC, Farrahtel International, LLC, File No. EB-11-TC-063, Notice of 
Apparent Liability for Forfeiture and Order, DA 11-1998 (Enf. Bur. Dec. 9, 2011) (imposing $25,000 penalty for 
failure to respond to LOI); BigZoo.com Corp., Forfeiture Order, 20 FCC Rcd 3954 (Enf. Bur. 2005) (imposing 
$20,000 penalty for failure to respond to LOI).
16 See, e.g., Fox Television Stations, Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 7074 (2010) (imposing 
$25,000 penalty for failure to respond fully to LOI) (Fox NAL).  
17 See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589 (2002) (imposing $100,000 penalty for 
failing to submit a sworn written response).  
18 Fox NAL, 25 FCC Rcd at 7081.
Federal Communications Commission                        DA 12-53
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therefore supports an adjustment upward for the base forfeiture for failure to respond to a Commission 
communication.19
9. We also direct LDC to respond fully to the LOI within ten (10) calendar days of the date 
of this NAL.  Failure to do so may constitute an additional, continuing violation subjecting LDC to future 
enforcement action, proposing substantially greater forfeitures and revocation of LDC’s operating 
authority.20 The penalties we will propose in a given situation will be based on our application of the 
section 503(b)(2)(E) factors and our forfeiture guidelines.    
 
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Act, as 
amended,21 and section 1.80 of the Commission’s rules,22 LDC Telecommunications, Inc. is hereby
NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000 for 
willfully violating an Enforcement Bureau directive to respond to a Bureau letter of inquiry.
11. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission’s 
rules,23 within thirty (30) calendar days after the release date of this Notice of Apparent Liability for 
Forfeiture and Order, LDC Telecommunications, Inc. SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed 
forfeiture.
12. IT IS FURTHER ORDERED that LDC Telecommunications, Inc. SHALL FULLY 
RESPOND, not later than ten (10) calendar days from the release date of this NAL, to the Bureau’s 
Letter of Inquiry dated October 13, 2011, in accordance with the delivery instructions set forth therein.
13. Payment of the forfeiture must be made by check or similar instrument, payable to the 
order of the Federal Communications Commission.  The payment must include the NAL/Account 
Number and FRN referenced above.  Payment by check or money order may be mailed to Federal 
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail 
may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. 
Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and account number 27000001.  For payment by credit card, an FCC Form 159 
(Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account 
number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A 
(payment type code).  LDC Telecommunications, Inc. will also send electronic notification on the date 
said payment is made to johnny.drake@fcc.gov.  Requests for full payment under an installment plan 
should be sent to: Chief Financial Officer – Financial Operations, 445 12th Street, S.W., Room 1-A625, 
  
19 47 C.F.R. § 1.80(b)(4) (identifying criteria for adjustment to base forfeitures).
20 See 1st Source Information Specialists, Inc., d/b/a Locatecell.com, Notice of Apparent Liability for Forfeiture, 21 
FCC Rcd 8193, 8196-97 ¶ 13 (2006), affirmed, 1st Source Information Specialists, Inc., d/b/a Locatecell.com, 
Forfeiture Order, 22 FCC Rcd 431 (2007).
21 47 U.S.C. § 503(b).
22 47 C.F.R. § 1.80.
23 47 C.F.R. § 1.80.
Federal Communications Commission                        DA 12-53
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Washington, D.C. 20554.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 
or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
14. The response, if any, must be mailed both to: Marlene H. Dortch, Secretary, Federal 
Communications Commission, 445 12th Street, SW, Washington, DC 20554, ATTN:  Enforcement 
Bureau – Telecommunications Consumers Division; and to Richard A. Hindman, Division Chief, 
Telecommunications Consumers Division, Enforcement Bureau, Federal Communications Commission, 
445 12th Street, SW, Washington, DC 20554, and must include the NAL/Acct. No. referenced in the 
caption.  Documents sent by overnight mail (other than United States Postal Service Express Mail) must 
be addressed to: Marlene H. Dortch, Secretary, Federal Communications Commission, Office of the 
Secretary, 9300 East Hampton Drive, Capitol Heights, MD 20743.  Hand or messenger-delivered mail 
should be directed, without envelopes, to: Marlene H. Dortch, Secretary, Federal Communications 
Commission, Office of the Secretary, 445 12th Street, SW, Washington, DC 20554 (deliveries accepted 
Monday through Friday 8:00 a.m. to 7:00 p.m. only).  See www.fcc.gov/osec/guidelines.html for further 
instructions on FCC filing addresses.
15. The Commission will not consider reducing or canceling a proposed forfeiture in 
response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most 
recent three-year period; (2) financial statements prepared according to generally accepted accounting 
practices; or (3) some other reliable and objective documentation that accurately reflects the petitioner’s 
current financial status.  Any claim of inability to pay must specifically identify the basis for the claim by 
reference to the financial documentation submitted.
16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture and Order shall be sent by Certified Mail Return Receipt Requested and First Class mail to 
LDC Telecommunications, Inc., c/o Sean Connors, 2451 McMullen Booth Road, Suite 200, Clearwater, 
FL  33759. 
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau