Increase of Forfeiture Maxima for Obscene, Indecent, and Profane Broadcasts to Implement the Broadcast Decency Enforcement Act of 2005, 33913-33914 [E7-11808]
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Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 / Rules and Regulations
Commodity
33913
Parts per million
Kava, roots
0.40
*
*
*
*
*
Millet, pearl, forage
2.0
Millet, pearl, grain
0.05
Millet, pearl, hay
6.0
Millet, pearl, straw
3.0
Millet, proso, forage
2.0
Millet, proso, grain
0.05
Millet, proso, hay
6.0
Millet, proso, straw
3.0
*
*
*
*
*
Peanut
0.45
Peanut, hay
35
Peanut, meal
0.75
*
*
*
*
*
Raspberry, wild
2.5
*
*
*
*
*
Soybean, forage
8.0
Soybean, hay
35
*
*
*
*
*
*
*
*
*
*
Soybean, seed
*
*
3.5
*
*
*
[FR Doc. E7–11792 Filed 6–19–07; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[FCC 07–94]
Increase of Forfeiture Maxima for
Obscene, Indecent, and Profane
Broadcasts to Implement the
Broadcast Decency Enforcement Act
of 2005
Federal Communications
Commission.
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: This document amends the
Commission’s Rules to increase the
maximum forfeiture penalties for
obscene, indecent, and profane
broadcasts from $32,500 to $325,000 for
each violation or each day of a
continuing violation, except that the
amount assessed for any continuing
violation cannot exceed $3,000,000.
This action is necessary to implement
The Broadcast Decency Enforcement
VerDate Aug<31>2005
17:14 Jun 19, 2007
Jkt 211001
Act of 2005, signed into law by
President George W. Bush on June 15,
2006. This document is limited to
revising the Commission’s Rules
pursuant to the Broadcast Decency
Enforcement Act, which concerns only
penalties for obscenity, indecency, and
profanity broadcast violations. The
existing penalty limits described in the
Commission’s Rules would remain as
the applicable maxima for all other
broadcast violations subject to those
Rules.
DATES: Effective July 20, 2007.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Hillary S. DeNigro, Enforcement Bureau,
Investigations and Hearings Division,
(202) 418–7334.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
FCC 07–94, adopted on May 17, 2007,
and released on June 1, 2007. The
complete text of this Order is available
for inspection and copying during
normal business hours in the FCC
Reference Information Center, Courtyard
Level, 445 12th Street, SW.,
Washington, DC 20554 and also may be
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
at 1–800–378–3160, CY–B402, 445 12th
Street, SW., Washington, DC 20554.
On June 15, 2006, President George
W. Bush signed into law The Broadcast
Decency Enforcement Act of 2005
(‘‘Broadcast Decency Enforcement
Act’’). (See Pub. L. 109–235, 120 Stat.
491 (2006)). The legislation amends
section 503(b)(2) of the Communications
Act of 1934, as amended
(‘‘Communications Act’’), 47 U.S.C.
503(b)(2), to increase the maximum
forfeiture penalties for obscene,
indecent, and profane broadcasts. This
Order amends section 1.80(b)(1) of the
Commission’s Rules (‘‘Rules’’), 47 CFR
1.80(b)(1), to reflect the new penalties.
Section 1.80(b)(1) of the Rules
specifies the maximum possible
forfeiture penalties for a range of
violations, including, but not limited to:
Failure to comply with the terms and
conditions of any Commission license,
permit, certificate or instrument of
authorization; failure to comply with
any provision of the Communications
Act or any Commission rule, regulation
or order; and violation of section 1304
(broadcast of lottery information), 1343
E:\FR\FM\20JNR1.SGM
20JNR1
jlentini on PROD1PC65 with RULES
33914
Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 / Rules and Regulations
(fraud by wire, radio or television) and
1464 (broadcast of obscene, indecent, or
profane material) of Title 18 of the
United States Code. Under the rule, the
Commission may propose forfeitures
against broadcast licensees of up to
$32,500 for each violation or each day
of a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed $325,000 for
any single act or failure to act. The
Broadcast Decency Enforcement Act
increases those amounts for obscene,
indecent, or profane broadcasts.
Specifically, the new law raises the
maximum forfeiture for the broadcast of
obscenity, indecency, or profanity to
$325,000 for each violation or each day
of a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed $3,000,000 for
any single act or failure to act.
Accordingly, section 1.80(b)(1) will be
modified to reflect the new maximum
penalties specified in the legislation.
This Order is limited to revising
section 1.80(b)(1) pursuant to the
Broadcast Decency Enforcement Act,
which concerns only penalties for
obscenity, indecency, and profanity
broadcast violations. The existing
penalty limits described in section
1.80(b)(1) would remain as the
applicable maxima for all other
broadcast violations subject to that rule.
The rule change adopted in this Order
merely implements a specific statutory
command and does not involve
discretionary action on the part of the
Commission. Accordingly, we find that,
for good cause, compliance with the
notice and comment provisions of the
Administrative Procedure Act is
unnecessary. (See 5 U.S.C. 553(b)(B)).
Since a notice of proposed rulemaking
is not required, the Regulatory
Flexibility Act, 5 U.S.C. 601 et. seq.,
does not apply. (See 5 U.S.C. 603–604).
The actions taken herein have been
analyzed with respect to the Paperwork
Reduction Act of 1995 and found to
impose no new or modified reporting
and record keeping requirements or
burdens on the public. In addition,
therefore, our actions do not impose any
new or modified information collection
burden ‘‘for small business concerns
with fewer than 25 employees,’’
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
The Commission will send a copy of
this Order in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
VerDate Aug<31>2005
17:14 Jun 19, 2007
Jkt 211001
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Penalties.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
I
PART 1—PRACTICE AND
PROCEDURE
Authority: 47 U.S.C. 151, 154(i) and (j),
155, 157, 225, 303(r), and 309.
Subpart A—General Rules of Practice
and Procedure
2. Section 1.80 is amended by revising
paragraph (b)(1) to read as follows:
I
Forfeiture proceedings.
*
*
*
*
*
(b) Limits on the amount of forfeiture
assessed. (1) If the violator is a
broadcast station licensee or permittee,
a cable television operator, or an
applicant for any broadcast or cable
television operator license, permit,
certificate, or other instrument of
authorization issued by the
Commission, except as otherwise noted
in this paragraph, the forfeiture penalty
under this section shall not exceed
$32,500 for each violation or each day
of a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed a total of
$325,000 for any single act or failure to
act described in paragraph (a) of this
section. There is no limit on forfeiture
assessments for EEO violations by cable
operators that occur after notification by
the Commission of a potential violation.
See section 634(f)(2) of the
Communications Act. Notwithstanding
the foregoing in this section, if the
violator is a broadcast station licensee or
permittee or an applicant for any
broadcast license, permit, certificate, or
other instrument of authorization issued
by the Commission, and if the violator
is determined by the Commission to
have broadcast obscene, indecent, or
profane material, the forfeiture penalty
under this section shall not exceed
$325,000 for each violation or each day
of a continuing violation, except that the
amount assessed for any continuing
violation shall not exceed a total of
$3,000,000 for any single act or failure
Frm 00064
Fmt 4700
BILLING CODE 6712–01–P
Sfmt 4700
47 CFR Part 90
[WT Docket No. 02–55—FCC 07–92]
Improving Public Safety
Communications in the 800 MHz Band
Federal Communications
Commission.
ACTION: Clarification.
AGENCY:
1. The authority citation for part 1
continues to read as follows:
I
PO 00000
[FR Doc. E7–11808 Filed 6–19–07; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
Final Rule
§ 1.80
to act described in paragraph (a) of this
section.
*
*
*
*
*
SUMMARY: The Commission clarifies the
standard for determining the
acceptability of costs that Sprint Nextel
Corporation (Sprint) is required to pay
in connection with the 800 MHz
rebanding process. Specifically, the
Commission clarified the provision in
the 800 MHz Report and Order that such
costs must be the ‘‘minimum necessary’’
to accomplish rebanding of 800 MHz
licensees in a reasonable, prudent and
timely manner
DATES: Effective May 18, 2007.
FOR FURTHER INFORMATION CONTACT: John
Evanoff, Public Safety and Homeland
Security Bureau, (202) 418–0848, or via
the Internet at John.Evanoff@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document summarizes the
Memorandum Opinion and Order in
WT Docket No. 02–55, adopted on May
17, 2007, and released on May 18, 2007.
The full text of this document is
available for public inspection on the
Commission’s Internet site at https://
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St.,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
FCC@BCPIWEB.COM.
Background
1. In the 800 MHz Report and Order,
69 FR 67823 (November 22, 2004), the
Commission ordered the rebanding of
the 800 MHz band to resolve
interference between commercial and
public safety systems in the band. In
that order, the Commission required
Sprint Nextel Corporation (Sprint) to
E:\FR\FM\20JNR1.SGM
20JNR1
Agencies
[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Rules and Regulations]
[Pages 33913-33914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11808]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[FCC 07-94]
Increase of Forfeiture Maxima for Obscene, Indecent, and Profane
Broadcasts to Implement the Broadcast Decency Enforcement Act of 2005
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Commission's Rules to increase the
maximum forfeiture penalties for obscene, indecent, and profane
broadcasts from $32,500 to $325,000 for each violation or each day of a
continuing violation, except that the amount assessed for any
continuing violation cannot exceed $3,000,000. This action is necessary
to implement The Broadcast Decency Enforcement Act of 2005, signed into
law by President George W. Bush on June 15, 2006. This document is
limited to revising the Commission's Rules pursuant to the Broadcast
Decency Enforcement Act, which concerns only penalties for obscenity,
indecency, and profanity broadcast violations. The existing penalty
limits described in the Commission's Rules would remain as the
applicable maxima for all other broadcast violations subject to those
Rules.
DATES: Effective July 20, 2007.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Hillary S. DeNigro, Enforcement
Bureau, Investigations and Hearings Division, (202) 418-7334.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 07-94, adopted on May 17, 2007, and released on June 1, 2007. The
complete text of this Order is available for inspection and copying
during normal business hours in the FCC Reference Information Center,
Courtyard Level, 445 12th Street, SW., Washington, DC 20554 and also
may be purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., at 1-800-378-3160, CY-B402, 445 12th Street, SW.,
Washington, DC 20554.
On June 15, 2006, President George W. Bush signed into law The
Broadcast Decency Enforcement Act of 2005 (``Broadcast Decency
Enforcement Act''). (See Pub. L. 109-235, 120 Stat. 491 (2006)). The
legislation amends section 503(b)(2) of the Communications Act of 1934,
as amended (``Communications Act''), 47 U.S.C. 503(b)(2), to increase
the maximum forfeiture penalties for obscene, indecent, and profane
broadcasts. This Order amends section 1.80(b)(1) of the Commission's
Rules (``Rules''), 47 CFR 1.80(b)(1), to reflect the new penalties.
Section 1.80(b)(1) of the Rules specifies the maximum possible
forfeiture penalties for a range of violations, including, but not
limited to: Failure to comply with the terms and conditions of any
Commission license, permit, certificate or instrument of authorization;
failure to comply with any provision of the Communications Act or any
Commission rule, regulation or order; and violation of section 1304
(broadcast of lottery information), 1343
[[Page 33914]]
(fraud by wire, radio or television) and 1464 (broadcast of obscene,
indecent, or profane material) of Title 18 of the United States Code.
Under the rule, the Commission may propose forfeitures against
broadcast licensees of up to $32,500 for each violation or each day of
a continuing violation, except that the amount assessed for any
continuing violation shall not exceed $325,000 for any single act or
failure to act. The Broadcast Decency Enforcement Act increases those
amounts for obscene, indecent, or profane broadcasts. Specifically, the
new law raises the maximum forfeiture for the broadcast of obscenity,
indecency, or profanity to $325,000 for each violation or each day of a
continuing violation, except that the amount assessed for any
continuing violation shall not exceed $3,000,000 for any single act or
failure to act. Accordingly, section 1.80(b)(1) will be modified to
reflect the new maximum penalties specified in the legislation.
This Order is limited to revising section 1.80(b)(1) pursuant to
the Broadcast Decency Enforcement Act, which concerns only penalties
for obscenity, indecency, and profanity broadcast violations. The
existing penalty limits described in section 1.80(b)(1) would remain as
the applicable maxima for all other broadcast violations subject to
that rule.
The rule change adopted in this Order merely implements a specific
statutory command and does not involve discretionary action on the part
of the Commission. Accordingly, we find that, for good cause,
compliance with the notice and comment provisions of the Administrative
Procedure Act is unnecessary. (See 5 U.S.C. 553(b)(B)).
Since a notice of proposed rulemaking is not required, the
Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., does not apply. (See
5 U.S.C. 603-604).
The actions taken herein have been analyzed with respect to the
Paperwork Reduction Act of 1995 and found to impose no new or modified
reporting and record keeping requirements or burdens on the public. In
addition, therefore, our actions do not impose any new or modified
information collection burden ``for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
The Commission will send a copy of this Order in a report to be
sent to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Penalties.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (j), 155, 157, 225, 303(r),
and 309.
Subpart A--General Rules of Practice and Procedure
0
2. Section 1.80 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 1.80 Forfeiture proceedings.
* * * * *
(b) Limits on the amount of forfeiture assessed. (1) If the
violator is a broadcast station licensee or permittee, a cable
television operator, or an applicant for any broadcast or cable
television operator license, permit, certificate, or other instrument
of authorization issued by the Commission, except as otherwise noted in
this paragraph, the forfeiture penalty under this section shall not
exceed $32,500 for each violation or each day of a continuing
violation, except that the amount assessed for any continuing violation
shall not exceed a total of $325,000 for any single act or failure to
act described in paragraph (a) of this section. There is no limit on
forfeiture assessments for EEO violations by cable operators that occur
after notification by the Commission of a potential violation. See
section 634(f)(2) of the Communications Act. Notwithstanding the
foregoing in this section, if the violator is a broadcast station
licensee or permittee or an applicant for any broadcast license,
permit, certificate, or other instrument of authorization issued by the
Commission, and if the violator is determined by the Commission to have
broadcast obscene, indecent, or profane material, the forfeiture
penalty under this section shall not exceed $325,000 for each violation
or each day of a continuing violation, except that the amount assessed
for any continuing violation shall not exceed a total of $3,000,000 for
any single act or failure to act described in paragraph (a) of this
section.
* * * * *
[FR Doc. E7-11808 Filed 6-19-07; 8:45 am]
BILLING CODE 6712-01-P