Inflation Adjustment of Maximum Forfeiture Penalties, 44663-44665 [E8-17254]
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Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Rules and Regulations
Environmental Protection on December
13, 2006 and June 1, 2007.
7.36 entitled ‘‘Transit System
Improvements.’’
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR
7.00 entitled ‘‘Definitions,’’ adding the
definition for the term ‘‘Boston Metropolitan
Planning Organization,’’ effective in the
Commonwealth of Massachusetts on
December 1, 2006.
(B) Massachusetts Regulation 310 CMR
7.36 entitled ‘‘Transit System
Improvements,’’ effective in the
Commonwealth of Massachusetts on
December 1, 2006.
(C) Massachusetts Regulation Filing, dated
November 16, 2006, substantiating December
1, 2006, State effective date for amended 310
CMR 7.00 entitled ‘‘Definition,’’ (addition of
term ‘‘Boston Metropolitan Planning
Organization,’’ which appears on the
replaced page 173 of the State’s Code of
Massachusetts Regulations,) and 310 CMR
(A) Letter from the Massachusetts
Department of Environmental Protection
dated December 13, 2006 submitting a
revision to the Massachusetts State
Implementation Plan.
(B) Letter from the Massachusetts
Department of Environmental Protection
dated June 1, 2007 submitting a revision to
the Massachusetts State Implementation
Plan.
(C) Letter from the Massachusetts
Executive Office of Transportation dated
September 4, 2007 identifying its
commitment to the Green Line extension and
to make every effort to accelerate the
planning, design and environmental review
and permitting of the project in order to work
towards the 2014 completion date.
(D) Letter from the Chair of the Boston
Region Metropolitan Planning Organization
(ii) Additional Materials.
dated May 1, 2008 concurring in the finding
that the transit system improvements projects
will achieve emission benefits equivalent to
or greater than the benefits from the original
transit system improvements projects being
replaced.
(E) Letter from EPA New England Regional
Administrator dated July 5, 2008 concurring
in the finding that the transit system
improvements projects will achieve emission
benefits equivalent to or greater than the
benefits from the original transit system
improvements projects being replaced.
3. In § 52.1167, Table 52.1167 is
amended by adding two new citations to
the existing entry for 310 CMR 7.00 and
two new citations to the existing entry
for 310 CMR 7.36 to read as follows:
I
§ 52.1167 EPA-approved Massachusetts
State regulations
*
*
*
*
*
TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
State citation
*
310 CMR
7.00.
Date
submitted by
State
Title/subject
Date approved
by EPA
12/13/06
07/31/08
......................
*
310 CMR
7.36.
*
Definitions ....
12/13/06
07/31/08
*
Transit system improvements
regulation.
......................
yshivers on PROD1PC62 with RULES
*
*
*
12/13/06
07/31/08
12/13/06
07/31/08
*
Federal Register
citation
*
[Insert Federal Register page number
where the document begins].
[Insert Federal Register page number
where the document begins].
*
[Insert Federal Register page number
where the document begins].
[Insert Federal Register page number
where the document begins].
*
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[FCC 08–154]
Inflation Adjustment of Maximum
Forfeiture Penalties
BILLING CODE 6560–50–P
AGENCY:
15:05 Jul 30, 2008
Federal Communications
Commission.
Jkt 214001
PO 00000
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136
136
136
136
*
*
Addition of the term, ‘‘Boston Metropolitan Planning Organization.’’
Massachusetts Regulation Filing,
dated November 16, 2006, substantiating December 1, 2006,
State effective date for amended
310 CMR 7.00 entitled ‘‘Definition,’’ (addition of term ‘‘Boston
Metropolitan Planning Organization,’’ which appears on the replaced page 173 of the State’s
Code of Massachusetts Regulations.).
*
*
Amendments to Transit System Improvements Regulation.
Massachusetts Regulation Filing,
dated November 16, 2006, substantiating December 1, 2006,
State effective date for amended
310 CMR 7.36 entitled ‘‘Transit
System Improvements.’’
*
[FR Doc. E8–17595 Filed 7–30–08; 8:45 am]
VerDate Aug<31>2005
Comments/unapproved sections
*
*
Notes: 1. This table lists regulations
adopted as of 1972. It does not depict
regulatory requirements which may have
been part of the Federal SIP before this date.
2. The regulations are effective statewide
unless otherwise stated in comments or title
section.
52.1120(c)
Sfmt 4700
*
ACTION:
*
Final rule.
SUMMARY: This document increases the
maximum monetary forfeiture penalties
available to the Commission under its
rules governing monetary forfeiture
proceedings to account for inflation.
The inflationary adjustment is necessary
to implement the Debt Collection
Improvement Act of 1996, which
requires federal agencies to adjust ‘‘civil
E:\FR\FM\31JYR1.SGM
31JYR1
44664
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Rules and Regulations
yshivers on PROD1PC62 with RULES
monetary penalties provided by law’’ at
least once every four years. The increase
covers the period between June of the
year the particular forfeiture amount
was last set or adjusted and June 2007.
The increase in the Consumer Price
Index for the relevant period was
applied to each maximum penalty, and
then rounded using the statutorily
defined rules to adjust each maximum
monetary forfeiture penalty accordingly.
The base forfeiture amounts in the
Commission’s rules remain unchanged
by this rule revision.
DATES: Effective September 2, 2008.
FOR FURTHER INFORMATION CONTACT:
Kathryn Berthot, Enforcement Bureau,
Spectrum Enforcement Division, 202–
418–7454.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order by the
Commission, FCC 08–154, adopted on
June 13, 2008, and released on June 13,
2008. 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.
This Order amends § 1.80(b) of the
Commission’s rules, 47 CFR 1.80(b), to
increase the maximum penalties
established in that section to account for
inflation since the last adjustment to
these penalties. The adjustment
procedure is set forth in detail in
§ 1.80(b)(5) of the Commission’s rules.
That section implements the Debt
Collection Improvement Act of 1996, 28
U.S.C. 2461, which requires federal
agencies to adjust maximum statutory
civil monetary penalties at least once
every four years.
This Order adjusts the maximum
penalties to account for the increase in
the Consumer Price Index (CPI) between
June of the year the forfeiture amount
was last set or adjusted,1 and June 2007.
1 Under the rounding rules set forth in
§ 1.80(b)(5)(ii), the inflationary adjustment for a
statutory forfeiture amount must reach a specific
threshold before the forfeiture amount may be
increased. That adjustment is based on the
difference between the CPI of ‘‘June of the
preceding year’’ (here June 2007) and that of June
of the year a particular forfeiture was ‘‘last set or
adjusted.’’ Thus, the June 1995 CPI is used to
calculate the inflation factors for the statutory
forfeiture amounts in sections 362(b), 386(b),
503(b)(2)(D) (the amount for a single violation or
single day of a violation), and section 507(b). The
June 1999 CPI is used to calculate the inflation
factor for the statutory forfeiture amount in section
223(b). The June 2003 CPI is used to calculate the
inflation factors for the remaining statutory
forfeiture amounts, except for section 503(b)(2)(C).
The Broadcast Decency Enforcement Act of 2005,
VerDate Aug<31>2005
15:05 Jul 30, 2008
Jkt 214001
The increases were then rounded using
the statutorily prescribed rules to
produce the adjusted penalties.
The amendment of § 1.80(b)
implements the requirements of the
Debt Collection Improvement Act of
1986, 28 U.S.C. 2461, as incorporated in
§ 1.80(b)(5) of the Commission’s rules.
Since Congress has mandated these
periodic rule changes and the
Commission has no discretion but to
make them, 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.
The actions taken in this Order have
been analyzed with respect to the
Paperwork Reduction Act of 1995 and
found to impose no new or modified
reporting and recordkeeping
requirements or burdens on the public.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Penalties.
Federal Comunications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
I
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
I
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 303(r), 309.
§ 1.80
[Amended]
2. Amend Section 1.80 as follows:
a. Revise the first three sentences in
paragraph (b)(1).
I b. Revise paragraphs (b)(2) through
(b)(4).
I c. Revise the introductory text to the
Note to paragraph (b)(4).
I
I
which was signed into law on June 15, 2006,
implemented by the Commission on June 1, 2007,
and codified at section 503(b)(2)(C), increased the
maximum forfeiture penalties for obscene, indecent,
and profane broadcasts. The date on which the
Commission implemented the Broadcast Decency
Enforcement Act constitutes the date on which the
maximum forfeiture amount was ‘‘last set or
adjusted.’’ Therefore, the June 2007 CPI is the
relevant measure for purposes of calculating the
inflation factor for the maximum statutory forfeiture
amount pursuant to section 503(b)(2)(C). This
measure is the same as the CPI for ‘‘June of the
preceding Year.’’ The forfeiture maxima under
section 503(b)(2)(C) remains unchanged.
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
d. Revise the table in Section III of the
note to paragraph (b)(4).
I e. Revise the table in paragraph
(b)(5)(iii).
I
§ 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
$37,500 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
$375,000 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. * * *
(2) If the violator is a common carrier
subject to the provisions of the
Communications Act or an applicant for
any common carrier license, permit,
certificate, or other instrument of
authorization issued by the
Commission, the amount of any
forfeiture penalty determined under this
section shall not exceed $150,000 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
$1,500,000 for any single act or failure
to act described in paragraph (a) of this
section.
(3) In any case not covered in
paragraphs (b)(1) or (b)(2) of this
section, the amount of any forfeiture
penalty determined under this section
shall not exceed $16,000 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 $112,500 for
any single act or failure to act described
in paragraph (a) of this section.
(4) Factors considered in determining
the amount of the forfeiture penalty. In
determining the amount of the forfeiture
penalty, the Commission or its designee
will take into account the nature,
circumstances, extent and gravity of the
violations and, with respect to the
violator, the degree of culpability, any
history of prior offenses, ability to pay,
and such other matters as justice may
require.
Note to paragraph (b)(4):
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Rules and Regulations
Guidelines for Assessing Forfeitures
The Commission and its staff may use
these guidelines in particular cases. The
Commission and its staff retain the discretion
to issue a higher or lower forfeiture than
provided in the guidelines, to issue no
forfeiture at all, or to apply alternative or
additional sanctions as permitted by the
statute. The forfeiture ceiling per violation or
per day for a continuing violation stated in
section 503 of the Communications Act and
the Commission’s rules are described in
§ 1.80(b)(5)(iii). These statutory maxima
became effective September 2, 2008.
Forfeitures issued under other sections of the
Act are dealt with separately in section III of
this note.
*
*
*
*
*
*
DEPARTMENT OF HOMELAND
SECURITY
U.S. code citation
47 U.S.C. 202(c) ...............
47 U.S.C. 203(e) ..............
47
47
47
47
47
47
47
47
47
47
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
205(b) ..............
214(d) ..............
219(b) ..............
220(d) ..............
223(b) ..............
362(a) ..............
362(b) ..............
386(a) ..............
386(b) ..............
503(b)(2)(A) .....
47 U.S.C. 503(b)(2)(B) .....
47 U.S.C. 503(b)(2)(C) .....
47 U.S.C. 503(b)(2)(D) .....
47 U.S.C. 507(a) ..............
47 U.S.C. 507(b) ..............
47 U.S.C. 554 ...................
Maximum penalty after DCIA
adjustment ($)
9,600
530
9,600
530
18,200
1,320
1,320
9,600
75,000
7,500
1,100
7,500
1,100
37,500
375,000
150,000
1,500,000
325,000
3,000,000
16,000
112,500
750
110
650
[FR Doc. E8–17254 Filed 7–30–08; 8:45 am]
yshivers on PROD1PC62 with RULES
BILLING CODE 6712–01–P
VerDate Aug<31>2005
15:05 Jul 30, 2008
Jkt 214001
Transportation Security Administration
49 CFR Part 1570
[Docket No. TSA–2008–0011]
RIN 1652–AA65
False Statements Regarding Security
Background Checks
Transportation Security
Administration, DHS.
ACTION: Interim final rule; request for
comments.
AGENCY:
SUMMARY: This interim final rule
codifies in the Code of Federal
Regulations recently-enacted statutory
provisions that prohibit public
transportation agencies, railroad
carriers, and their respective contractors
and subcontractors from knowingly
misrepresenting Federal guidance or
regulations concerning security
background checks for certain
individuals.
Effective Date: This rule is
effective July 31, 2008.
Comment Date: Comments must be
received by September 2, 2008.
ADDRESSES: You may submit comments
on this rulemaking, identified by the
Transportation Security Administration
(TSA) docket number of this interim
final rule, to the Federal Docket
Management System (FDMS), a
government-wide, electronic docket
management system, using any one of
the following methods:
Electronically: You may submit
comments through the Federal
eRulemaking portal at https://
DATES:
PO 00000
Frm 00051
*
*
*
Statutory amount ($)
202(c) Common Carrier Discrimination ..................................................................................................................
203(e) Common Carrier Tariffs ..............................................................................................................................
205(b) Common Carrier Prescriptions ...................................................................................................................
214(d) Common Carrier Line Extensions ..............................................................................................................
219(b) Common Carrier Reports ...........................................................................................................................
220(d) Common Carrier Records & Accounts .......................................................................................................
223(b) Dial-a-Porn ..................................................................................................................................................
364(a) Forfeitures (Ships) ......................................................................................................................................
364(b) Forfeitures (Ships) ......................................................................................................................................
386(a) Forfeitures (Ships) ......................................................................................................................................
386(b) Forfeitures (Ships) ......................................................................................................................................
634 Cable EEO ......................................................................................................................................................
(5) * * *
(iii) * * *
*
Section III. Non-Section 503 Forfeitures That
Are Affected by the Downward Adjustment
Factors
Violation
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
44665
Fmt 4700
Sfmt 4700
9,600, 530/day.
9,600, 530/day.
18,200.
1,320/day.
1,320.
9,600/day.
75,000/day.
7,500 (owner).
1,100 (vessel master).
7,500/day (owner).
1,100 (vessel master).
650/day.
www.regulations.gov. Follow the online
instructions for submitting comments.
Mail, In Person, or Fax: Address,
hand-deliver, or fax your written
comments to the Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001; Fax 202–493–2251. The
Department of Transportation (DOT),
which maintains and processes TSA’s
official regulatory dockets, will scan
your submission and post it to FDMS.
See SUPPLEMENTARY INFORMATION for
formatting and other information about
comment submissions.
FOR FURTHER INFORMATION CONTACT:
Ellen Siegler, Assistant Chief Counsel,
TSA–2, Transportation Security
Administration, 601 South 12th Street,
Arlington, VA 22202–4220; telephone
(571) 227–2723; facsimile (571) 227–
1379; e-mail Ellen.Siegler@dhs.gov.
SUPPLEMENTARY INFORMATION: This
interim final rule is being adopted
without prior notice and prior public
comment. However, the TSA will still
provide an opportunity for public
comment on this rulemaking. TSA
invites interested persons to participate
in this rulemaking by submitting written
comments, data, or views. We also
invite comments relating to the
economic, environmental, energy, or
federalism impacts that might result
from this rulemaking action. See
ADDRESSES above for information on
where to submit comments.
Please identify the docket number of
this interim final rule at the beginning
of each comment. TSA encourages
commenters to provide their names and
addresses. The most helpful comments
reference a specific portion of the
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Rules and Regulations]
[Pages 44663-44665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17254]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[FCC 08-154]
Inflation Adjustment of Maximum Forfeiture Penalties
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document increases the maximum monetary forfeiture
penalties available to the Commission under its rules governing
monetary forfeiture proceedings to account for inflation. The
inflationary adjustment is necessary to implement the Debt Collection
Improvement Act of 1996, which requires federal agencies to adjust
``civil
[[Page 44664]]
monetary penalties provided by law'' at least once every four years.
The increase covers the period between June of the year the particular
forfeiture amount was last set or adjusted and June 2007. The increase
in the Consumer Price Index for the relevant period was applied to each
maximum penalty, and then rounded using the statutorily defined rules
to adjust each maximum monetary forfeiture penalty accordingly. The
base forfeiture amounts in the Commission's rules remain unchanged by
this rule revision.
DATES: Effective September 2, 2008.
FOR FURTHER INFORMATION CONTACT: Kathryn Berthot, Enforcement Bureau,
Spectrum Enforcement Division, 202-418-7454.
SUPPLEMENTARY INFORMATION: This is a summary of the Order by the
Commission, FCC 08-154, adopted on June 13, 2008, and released on June
13, 2008. 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.
This Order amends Sec. 1.80(b) of the Commission's rules, 47 CFR
1.80(b), to increase the maximum penalties established in that section
to account for inflation since the last adjustment to these penalties.
The adjustment procedure is set forth in detail in Sec. 1.80(b)(5) of
the Commission's rules. That section implements the Debt Collection
Improvement Act of 1996, 28 U.S.C. 2461, which requires federal
agencies to adjust maximum statutory civil monetary penalties at least
once every four years.
This Order adjusts the maximum penalties to account for the
increase in the Consumer Price Index (CPI) between June of the year the
forfeiture amount was last set or adjusted,\1\ and June 2007. The
increases were then rounded using the statutorily prescribed rules to
produce the adjusted penalties.
---------------------------------------------------------------------------
\1\ Under the rounding rules set forth in Sec. 1.80(b)(5)(ii),
the inflationary adjustment for a statutory forfeiture amount must
reach a specific threshold before the forfeiture amount may be
increased. That adjustment is based on the difference between the
CPI of ``June of the preceding year'' (here June 2007) and that of
June of the year a particular forfeiture was ``last set or
adjusted.'' Thus, the June 1995 CPI is used to calculate the
inflation factors for the statutory forfeiture amounts in sections
362(b), 386(b), 503(b)(2)(D) (the amount for a single violation or
single day of a violation), and section 507(b). The June 1999 CPI is
used to calculate the inflation factor for the statutory forfeiture
amount in section 223(b). The June 2003 CPI is used to calculate the
inflation factors for the remaining statutory forfeiture amounts,
except for section 503(b)(2)(C). The Broadcast Decency Enforcement
Act of 2005, which was signed into law on June 15, 2006, implemented
by the Commission on June 1, 2007, and codified at section
503(b)(2)(C), increased the maximum forfeiture penalties for
obscene, indecent, and profane broadcasts. The date on which the
Commission implemented the Broadcast Decency Enforcement Act
constitutes the date on which the maximum forfeiture amount was
``last set or adjusted.'' Therefore, the June 2007 CPI is the
relevant measure for purposes of calculating the inflation factor
for the maximum statutory forfeiture amount pursuant to section
503(b)(2)(C). This measure is the same as the CPI for ``June of the
preceding Year.'' The forfeiture maxima under section 503(b)(2)(C)
remains unchanged.
---------------------------------------------------------------------------
The amendment of Sec. 1.80(b) implements the requirements of the
Debt Collection Improvement Act of 1986, 28 U.S.C. 2461, as
incorporated in Sec. 1.80(b)(5) of the Commission's rules. Since
Congress has mandated these periodic rule changes and the Commission
has no discretion but to make them, 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.
The actions taken in this Order have been analyzed with respect to
the Paperwork Reduction Act of 1995 and found to impose no new or
modified reporting and recordkeeping requirements or burdens on the
public.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Penalties.
Federal Comunications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
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: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), 309.
Sec. 1.80 [Amended]
0
2. Amend Section 1.80 as follows:
0
a. Revise the first three sentences in paragraph (b)(1).
0
b. Revise paragraphs (b)(2) through (b)(4).
0
c. Revise the introductory text to the Note to paragraph (b)(4).
0
d. Revise the table in Section III of the note to paragraph (b)(4).
0
e. Revise the table in paragraph (b)(5)(iii).
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 $37,500 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 $375,000 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. * * *
(2) If the violator is a common carrier subject to the provisions
of the Communications Act or an applicant for any common carrier
license, permit, certificate, or other instrument of authorization
issued by the Commission, the amount of any forfeiture penalty
determined under this section shall not exceed $150,000 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
$1,500,000 for any single act or failure to act described in paragraph
(a) of this section.
(3) In any case not covered in paragraphs (b)(1) or (b)(2) of this
section, the amount of any forfeiture penalty determined under this
section shall not exceed $16,000 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 $112,500 for any
single act or failure to act described in paragraph (a) of this
section.
(4) Factors considered in determining the amount of the forfeiture
penalty. In determining the amount of the forfeiture penalty, the
Commission or its designee will take into account the nature,
circumstances, extent and gravity of the violations and, with respect
to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may
require.
Note to paragraph (b)(4):
[[Page 44665]]
Guidelines for Assessing Forfeitures
The Commission and its staff may use these guidelines in
particular cases. The Commission and its staff retain the discretion
to issue a higher or lower forfeiture than provided in the
guidelines, to issue no forfeiture at all, or to apply alternative
or additional sanctions as permitted by the statute. The forfeiture
ceiling per violation or per day for a continuing violation stated
in section 503 of the Communications Act and the Commission's rules
are described in Sec. 1.80(b)(5)(iii). These statutory maxima
became effective September 2, 2008. Forfeitures issued under other
sections of the Act are dealt with separately in section III of this
note.
* * * * *
Section III. Non-Section 503 Forfeitures That Are Affected by the
Downward Adjustment Factors
* * * * *
------------------------------------------------------------------------
Violation Statutory amount ($)
------------------------------------------------------------------------
Sec. 202(c) Common Carrier 9,600, 530/day.
Discrimination.
Sec. 203(e) Common Carrier 9,600, 530/day.
Tariffs.
Sec. 205(b) Common Carrier 18,200.
Prescriptions.
Sec. 214(d) Common Carrier Line 1,320/day.
Extensions.
Sec. 219(b) Common Carrier 1,320.
Reports.
Sec. 220(d) Common Carrier 9,600/day.
Records & Accounts.
Sec. 223(b) Dial-a-Porn.......... 75,000/day.
Sec. 364(a) Forfeitures (Ships).. 7,500 (owner).
Sec. 364(b) Forfeitures (Ships).. 1,100 (vessel master).
Sec. 386(a) Forfeitures (Ships).. 7,500/day (owner).
Sec. 386(b) Forfeitures (Ships).. 1,100 (vessel master).
Sec. 634 Cable EEO............... 650/day.
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(5) * * *
(iii) * * *
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Maximum penalty
U.S. code citation after DCIA
adjustment ($)
------------------------------------------------------------------------
47 U.S.C. 202(c)...................................... 9,600
530
47 U.S.C. 203(e)...................................... 9,600
530
47 U.S.C. 205(b)...................................... 18,200
47 U.S.C. 214(d)...................................... 1,320
47 U.S.C. 219(b)...................................... 1,320
47 U.S.C. 220(d)...................................... 9,600
47 U.S.C. 223(b)...................................... 75,000
47 U.S.C. 362(a)...................................... 7,500
47 U.S.C. 362(b)...................................... 1,100
47 U.S.C. 386(a)...................................... 7,500
47 U.S.C. 386(b)...................................... 1,100
47 U.S.C. 503(b)(2)(A)................................ 37,500
375,000
47 U.S.C. 503(b)(2)(B)................................ 150,000
1,500,000
47 U.S.C. 503(b)(2)(C)................................ 325,000
3,000,000
47 U.S.C. 503(b)(2)(D)................................ 16,000
112,500
47 U.S.C. 507(a)...................................... 750
47 U.S.C. 507(b)...................................... 110
47 U.S.C. 554......................................... 650
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[FR Doc. E8-17254 Filed 7-30-08; 8:45 am]
BILLING CODE 6712-01-P
