Federal Communications Commission FCC 15-6
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Worldwide Industrial Enterprises, Inc.
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File No. EB-TCD-12-00000254 
NAL/Acct. No.: 201132170018
FRN: 0020765145
FORFEITURE ORDER
Adopted:  January 26, 2015 Released: January 27, 2015
By the Commission:
I. INTRODUCTION
1. Consumers have a well-established right to be free from the nuisance of unsolicited fax 
advertisements in their homes and businesses.  Today, we assess a forfeiture of $87,500 against 
Worldwide Industrial Enterprises, Inc. (Worldwide or Company) for faxing 17 advertisements to 
consumers who did not request them, did not want them, and had no established business relationship 
with the Company.  
II. BACKGROUND
2. Worldwide sells sealants for floors, garages, and driveways.  Worldwide is owned and 
operated by Frank Tantalo.  In 2009, Worldwide contracted with a marketing firm to send out 
advertisements by fax.  
3. The Enforcement Bureau (Bureau) first took action against Worldwide on November 9, 
2009 by issuing a citation to the Company pursuant to section 503(b)(5) of the Act.
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  The citation was 
based on a consumer complaint indicating that Worldwide had faxed unsolicited advertisements to the 
consumer.  Worldwide did not respond to the citation.  
4. Despite the citation’s warning that subsequent violations could result in the imposition of 
monetary forfeitures, the Commission received additional consumer complaints indicating that 
Worldwide continued to send junk faxes after issuance of the citation.  Based on these subsequent 
violations, the Commission issued a Notice of Apparent Liability on April 7, 2011, finding that 
Worldwide apparently willfully and repeatedly violated section 227 of the Communications Act of 1934, 
as amended (Act), and section 64.1200(a)(4) of the Commission’s rules (Rules) and the Commission’s 
related orders.  In determining the proposed forfeiture, the Commission noted that it had previously 
considered $4,500 per unsolicited fax advertisement to be an appropriate base amount for violating the 
                                                     
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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.
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prohibition against sending unsolicited fax advertisements.
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  The Commission applied that amount to 15 
of the violations.
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  The Commission also noted that it had previously assessed a penalty of $10,000 per 
violation when a company sent faxes to consumers who had specifically asked that they not receive any 
more faxes from the company.
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  The NAL alleged that Worldwide sent another fax to two consumers who 
had asked that Worldwide cease sending them, and applied the $10,000 penalty to those two violations.
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Thus, the Commission proposed a total monetary forfeiture of $87,500.  
5. The NAL gave Worldwide an opportunity to file a written response seeking to reduce or 
cancel the proposed forfeiture.
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  On May 6, 2011, counsel for Worldwide submitted a response 
questioning the reliability and veracity of the complaints, and indicating that the Company was unable to 
pay the proposed forfeiture.  Worldwide submitted tax returns to support its claim.
III. DISCUSSION
6. In determining the amount of a forfeiture, the Commission must consider “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.”
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As discussed above, the Commission issued an NAL to Worldwide and proposed a total forfeiture of 
$87,500.
7. We have reviewed Worldwide’s response to the NAL and find its arguments 
unpersuasive.  We find, by a preponderance of the evidence,
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that the complaints are sufficient to 
establish Worldwide’s violations.  Worldwide questioned the veracity of the complaints upon which the 
NAL was based, both because the complaints did not on their face indicate to Worldwide that the 
consumers attested to the truth of them, and because one complaint was inconsistent as to whether the 
faxed ad included the requisite information on how to opt-out of receiving further faxes.  All of the 
complainants, however, did, in fact, attest to the veracity of the content of their complaints.
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  Moreover, 
we do not believe that the nature of the inconsistency in the lone complaint “cast[s] doubt on the veracity 
of the complaint,” as Worldwide asserts.
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  Worldwide has not otherwise denied that it is legally 
responsible for the faxes at issue.    
                                                     
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Worldwide Industrial Enterprises, Inc., Notice of Apparent Liability for Forfeiture, 26 FCC Rcd. 5737, para 6 
(2011).  
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Id.  
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Id.
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Id.
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Id, para 9.  
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47 U.S.C. § 503(b)(2)(E).
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See, e.g., SBC Commc’ns, Inc., Forfeiture Order, 17 FCC Rcd 7589, 7591, para. 4 (2002) (setting forth the standard 
of proof in a forfeiture proceeding).
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When Worldwide prepared its defense it appeared that none of the consumers who submitted complaints online at 
www.fcc.gov in this matter had checked the box on the complaint form attesting to the facts in their complaints.  
However, for a brief period, a technical glitch prevented electronic versions of complaints from indicating whether 
the complainant checked the attestation box.  This has since been fixed, and a recent review of the complaints that 
were the subject of the NAL indicated that all of the consumers checked the attestation box.    
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Since none of the other complaints suggested that Worldwide failed to include the opt-out information, as required 
by 47 C.F.R. § 64.1200(a)(3)(iii), the NAL did not allege that Worldwide violated this provision.  
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8. Worldwide also claimed that it could not afford to pay $87,500, and submitted tax returns 
to support its claim.  However, this amount is consistent with Commission precedent in similar cases.
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Thus, Worldwide’s request to reduce the forfeiture amount is denied.  
IV. CONCLUSION
9. We affirm our finding in the NAL against Worldwide and find no reason to adjust the 
forfeiture proposed in the NAL.  We therefore impose a forfeiture of $87,500 against Worldwide for 
willful and repeated violations of Section 227(b)(1)(C) of the Act and Section 64.1200(a)(4) of the
Commission’s rules.  
V. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, 47 U.S.C. § 503(b), and Section 1.80(f)(4) of the Commission’s rules, 47 
C.F.R. § 1.80(f)(4), Worldwide IS LIABLE FOR A MONETARY FORFEITURE to the United States 
Government in the sum of $87,500 for willfully and repeatedly violating Section 227(b)(1)(C) of the 
Communications Act, 47 U.S.C. § 227(b)(1)(C), and Section 64.1200(a)(4) of the Commission’s rules,   
47 C.F.R. § 64.1200(a)(4).  
11. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within fifteen (15) calendar days after the release date of this Forfeiture Order.
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If the forfeiture is 
not paid within the period specified, the case may be referred to the U.S. Department of Justice for 
enforcement of the forfeiture pursuant to Section 504(a) of the Act.
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Worldwide shall send electronic 
notification of payment to Johnny Drake at Johnny.Drake@fcc.gov, and Phillip Priesman at 
Phillip.Priesman@fcc.gov on the date said payment is made.
12. The payment must be made by check or similar instrument, wire transfer, or credit card, 
and must include the NAL/Account number and FRN referenced above.  Regardless of the form of 
payment, a completed FCC Form 159 (Remittance Advice) must be submitted.
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  When completing the 
FCC Form 159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters 
“FORF” in block number 24A (payment type code).  Below are additional instructions Worldwide 
should follow based on the form of payment it selects:
? Payment by check or money order must be made payable to the order of the Federal 
Communications Commission. Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
                                                     
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See Presidential Who’s Who, Inc., Forfeiture Order, 29 FCC Rcd 3451, paras. 14-15 (2014) (declining to reduce 
forfeiture amount and denying inability-to-pay claim); Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840, para.16 
(Enf. Bur. 2011); General Equipment and Supply, Forfeiture Order, 25 FCC Rcd 16928, para. 5 (Enf. Bur. 2010);
Hodson Broadcasting, Forfeiture Order, 24 FCC Rcd 13699, para. 19 (Enf. Bur. 2009).
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47 C.F.R. § 1.80.
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47 U.S.C. § 504(a).
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FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
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? Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.   
The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
13. Any request for full payment under an installment plan should be sent to: Chief Financial 
Officer—Financial Operations, Federal Communications Commission, 445 12th Street, S.W., Room 1-
A625, Washington, D.C. 20554.
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  If Worldwide has questions regarding payment procedures, it should 
contact the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.
14. IT IS FURTHER ORDERED that a copy of the Forfeiture Order shall be sent by mail 
and certified mail return receipt requested to Worldwide Industrial Enterprises, Inc., Attention: Frank 
Tantalo, Chief Executive Officer, 656 North Wellwood Avenue, Suite C, Lindenhurst, NY 11757, and 
John Heitmann, Kelley, Drye & Warren, LLP, 3050 K Street, NW, Suite 400, Washington, DC  20007.  
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
                                                     
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See 47 C.F.R. § 1.1914.